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(영문) 수원지방법원안산지원 2019.11.28 2018가합6928

대여금

Text

1. Defendant C shall pay 120 million won to the Plaintiff and 12% per annum from June 27, 2018 to the date of full payment.

Reasons

Facts of recognition

The plaintiff related to the parties is a person who lent money to Defendant C several times from March C to March C, 2005.

Defendant B (hereinafter “Defendant B”) is a company, the purpose of which is to carry out the construction business of packing materials for sports facilities, and Defendant C’s leakage as an intra-company director on July 2, 2015, and Defendant C’s spouse as the representative director on December 1, 2017.

Defendant C, who prepared a cash custody certificate of Defendant C, has borrowed money from the Plaintiff over several occasions from around 1999 to around 2005, prepared a cash custody certificate stating that “I will return KRW 120 million” around 2007, and delivered it to the Plaintiff.

(Evidence A 3) Since then, Defendant C did not have repaid to the Plaintiff the obligation of KRW 120 million.

The Plaintiff asserts that the transfer of KRW 1 million on August 8, 2008, and KRW 2 million on August 11, 2008, which was indicated in the specification of transaction No. 10 of the evidence No. 10, and the transfer of KRW 2 million on August 11, 2008, is part of the interest on the above obligation. However, it is difficult to view that only the said specification made after the F’s business registration, was partially repaid for the interest of KRW 120 million.

Plaintiff

On March 208, the Plaintiff entered into a contract with G Co., Ltd. using F’s business registration to provide G Co., Ltd, clothing, etc. with its representative and trade name as “F” after completing business registration for clothing sales stores.

In order to guarantee the liability for damages that the Plaintiff is entitled to pay to G Co., Ltd. under the above contract, the Plaintiff paid KRW 1.2 million of insurance premium on March 14, 2008, and issued a performance guarantee insurance policy (payment) with the insurance period “from March 18, 2008 to March 17, 2009” to H Co., Ltd., and issued the said securities to G Co., Ltd. around that time.

G Co., Ltd. is called H Co., Ltd. on February 18, 2011.