대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a representative member of C Limited Partnership Company (hereinafter “C”) and unlimited-liability member, and the Plaintiff is a person registered as a limited-liability member of C.
B. On December 22, 2008, upon C’s request, the Plaintiff offered Pyeongtaek-si D as security, and borrowed KRW 45,000,000 from the Gyeonggi-nam Fisheries Cooperatives, and provided KRW 29,830,000 among them to C, and C used the said amount as company operation fund.
C. Meanwhile, until March 23, 2015, the Plaintiff paid 9,755,117 won, instead of the interest burden to be borne by C, by March 23, 2015.
The Plaintiff filed a payment order against the Defendant and C (hereinafter “instant payment order”) with the purport of seeking payment of KRW 39,585,117, totaling KRW 29,830,00 and interest-sharing KRW 29,830,00,00 and KRW 9,755,117, and delayed payment damages therefor, and C did not raise any objection and became final and conclusive as it is, and only the Defendant raised an objection to the instant payment order.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 7 (including each number), the purport of the whole pleadings
2. Determination as to the cause of action
A. A general partner in a limited partnership company is liable to repay the company’s obligations only when the company’s assets are unable to fully repay its obligations or compulsory execution against the company’s assets is not effective (Articles 269 and 212 of the Commercial Act). Here, “when the company’s assets are unable to fully repay its obligations” refers to the total assets of the company, i.e., the total amount of obligations of the company exceeds its total assets. It shall be determined based on the total amount of obligations actually borne by the company and the total amount of assets appraised in its actual value. It shall not be determined based on the total amount of assets appraised in its financial statements, such as the balance sheet, etc. (see, e.g., Supreme Court Decision 2010Da27847, Apr. 12, 2012).