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(영문) 수원지방법원 2016.11.10 2015가단61909

대여금 등

Text

1. The Plaintiff, Defendant B shall be KRW 110 million, Defendant C shall be jointly and severally with Defendant B, and the amount of KRW 83120,000,000, and this shall apply thereto.

Reasons

1. Claim of this case

A. around August 2012, Defendant B lent money to the Plaintiff, including facility costs, KRW 40,000,000 to the Plaintiff, Defendant B, a business entity operating the Defendants, may provide stores to the Plaintiff, and may supply the Plaintiff with goods worth KRW 40,000,000 to store as a substitute. From that time to December 2013, Defendant B provided a loan by means of remitting money equivalent to KRW 41,00,00 to the Plaintiff under the name of the Defendant C, which was the name of the business entity E at the time of the transfer of money to the Defendant C, with the amount of KRW 41,00,000,000,000,000 to the Plaintiff. The Defendants paid to the Plaintiff on March 15, 2013.

After that, on March 2014, the Plaintiff transferred the amount exceeding KRW 83 million to the head of the Tong in the name of Defendant C until the business registration under Defendant C was closed.

B. While Defendant B registered his business under Defendant D’s name, Defendant B demanded that the Plaintiff continue to lend money while necessary for the factory operation at around August 2014.

Therefore, on October 27, 2014 and December 28, 2014, the Plaintiff transferred KRW 2.56 million in total, and KRW 5.8 million in total, on November 21, 2014, and on December 9, 2014, to the head of the Tong in the name of Defendant C, respectively.

C. On the end of December 2014, the Plaintiff changed the name of E’s business registration, but temporarily entrusted Defendant B with the operation of the factory.

On January 5, 2015, the Plaintiff paid late 725,210 won the overdue charge imposed under Defendant D’s name. On January 22, 2015, the Plaintiff transferred KRW 1.3 million to Defendant C’s head of Tong under the name of Defendant B’s head of Tong, and on March 26, 2015, transferred KRW 11 million to F’s head of Tong, the creditor of Defendant B, at the request of Defendant B.

On June 9, 2015, Defendant B transferred KRW 2 million to the passbook in the name of H, the creditor of Defendant B.

Therefore, the Plaintiff against Defendant B: (a) loans of KRW 8,3120,000 to Defendant C as of the date of the business owner; and (b) Defendant D’s loans of KRW 8.60,000 at the time of the business owner