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(영문) 서울고등법원 2015.01.14 2013나75948

대여금 등

Text

1.The judgment of the first instance shall be modified as follows:

The defendants are jointly and severally liable to the plaintiff 120,000,000 won and they are among them.

Reasons

1. The plaintiff is jointly and severally liable against the defendants in the first instance trial on December 26, 2006: ① loans of KRW 90 million on December 27, 2006; ② loans of KRW 40 million on December 27, 2006; ③ loans of KRW 50 million on February 28, 2007; ④ loans of KRW 8 million on April 13, 2007; ⑤ loans of KRW 20 million on April 30, 2007; ② loans of KRW 80 million on May 31, 2007; and ④ loans of KRW 20 million on May 31, 2007; and ③ loans of KRW 20 million on June 5, 2007; and ③ loans of KRW 20 million on June 5, 2007; and the court dismissed the plaintiff’s remaining claims against the defendant in the first instance trial and the plaintiff’s damages.

As to the part on Defendant B in the judgment of the first instance, only Defendant B appealed against the part against it, and only the part on the part on Defendant C in the judgment of the first instance appealed from the part on which the Plaintiff dismissed his claim for loans, etc. (3). Thus, the subject of the judgment of this court is limited to the part on loans, and the interest and delay

2. The reasons for the court’s explanation on this part are as follows: ① “N acquired the Plaintiff Company on or around October 2006 in the course of the project of this case” of the first instance court’s 3th 12 and 13th , “N acquired the Plaintiff Company at around October 2006, in the course of the project of this case, at KRW 15,600,000 equivalent to the total number of the Plaintiff’s issued and outstanding shares, from Q to KRW 78,000,000,000 equivalent to the total number of the Plaintiff’s issued and outstanding shares in Q in the course of the project of this case; ② “B lent KRW 38,00,000,000 to the Defendants’ account each by deposit in the Defendant’s name” of the fourth 7th th eth 7th 2th 2th 200 of the first instance court’s judgment, other than the Plaintiff’s representative director loaning KRW 20,000 from the Defendant’s account.