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(영문) 인천지방법원 부천지원 2018.07.20 2018가단4217

대여금

Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 44,800,000 as well as to the day of full payment from December 30, 2017 to the day of full payment.

Reasons

1. The Plaintiff, as an employee of Defendant C Co., Ltd. (hereinafter “Defendant Company”), lent money to the Defendant Company on January 24, 2017; February 21, 2017; and April 24, 2017; and the Plaintiff was not paid KRW 44,80,000 among the loans (hereinafter “instant loan”).

[Ground of recognition] Defendant B: A without dispute, entry of Gap evidence 2, 3, Eul evidence 2, and Eul evidence 2, and the purport of the whole pleadings: The defendant company: Confession (Article 150(3) of the Civil Procedure Act)

2. Determination:

A. 1) The Plaintiff asserts to the effect that Defendant B was jointly and severally liable for the instant loan with the Defendant Company, and that Defendant B was negligent in performing his duties as a director of the Defendant Company and was liable for compensating the Plaintiff for damages equivalent to the instant loan. However, it is insufficient to recognize that Defendant B was the debtor of the instant loan solely on the ground that the instant loan was deposited into the Defendant B’s account, and otherwise, Defendant B was liable for the instant loan repayment.

Since there is no evidence to prove that the defendant company was negligent in performing his duties as a director of the defendant company, the plaintiff's claim against the defendant B is without merit.

B. According to the facts of recognition as to the claim against the Defendant Company, the Defendant Company is obligated to pay to the Plaintiff the above loan amounting to KRW 44,800,000, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 30, 2017 to the day of full payment after the delivery of the instant payment order sought by the Plaintiff.

3. The plaintiff's claim against the defendant company is well-grounded, and the claim against the defendant B is groundless, and it is so decided as per Disposition.