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(영문) 수원지방법원성남지원 2019.06.21 2018가단15634

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Party-Related 1) C Co., Ltd. (hereinafter “C”);

(2) The Plaintiff is a juristic person that produces medical treatment, etc. and sells the carried-over products, such as clothes, with the trade name of “D.” (2) The Plaintiff is a creditor of at least two billion won as a juristic person for the manufacturing business of clothing.

3) The Defendant is the E representative director of C and the F representative director of F Co., Ltd. who carries on medical manufacturing business. (b) When C’s default and C’s creditors’ financing 1)’s total amount of KRW 750 million issued by C, the maturity of KRW 750 million, which was January 31, 2018, the bill of exchange (the receiving corporation G50 million, the receiving corporation, and the payee H20 million) was rejected, C’s creditors, including the Plaintiff, found C’s creditors as C’ office on February 1, 2018.

At this point, C’s creditors and the Defendant agreed to prevent C’s default by raising funds and settling accounts for C’s bills, and creditors who received the settlement of bills agreed to use the settlement amount for other bills or return it to the funds recipient.

2) On February 1, 2018, the Plaintiff transferred KRW 100 million to the Defendant’s account at around 14:19 (hereinafter “instant remittance”).

(1) The amount of remittance of this case was transferred to the Defendant with KRW 650 million (i.e., KRW 150 million, KRW 50 million, KRW 50 million, KRW 50 million, KRW 100 million, KRW 100 million, and KRW 300 million) from a similar perspective by other creditors of C (hereinafter “the primary financing”).

), 2018. 2. 1. 15:16경 C의 만기 2018. 1. 31.자 어음 결제에 사용되었다. 3) H은 위 2)항과 같이 어음을 결제받았음에도 그 결제대금을 C의 만기 2018. 2. 1.자 어음의 결제에 사용하지 않고 그 자리를 떴다. 4) 주식회사 G는 2018. 2. 1. 피고로부터 연대보증서를 교부받고, 같은 날 15:58경 자신이 결제받은 5억 5,000만 원을 C의 계좌로 송금하였다.

On February 1, 2018, around 16:00, the transfer of KRW 300 million to C and KRW 100 million by M (N) to C’s account on February 1, 2018, and the said KRW 950 million = KRW 550 million + KRW 300 million, hereinafter referred to as “2.0 million.