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(영문) 전주지방법원정읍지원 2020.03.12 2019가단645

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C, on April 5, 2006, has taken office as the Defendant’s representative director, resigned on August 8, 2008, and the following was the Defendant’s director around January 28, 2015, on which the certificate of loan was drawn up.

B. On January 28, 2015, C prepared a certificate of loan from the Plaintiff to borrow KRW 50 million from the Plaintiff. However, the certificate of loan is written by the Defendant as joint and several sureties, and the name of the Defendant’s corporate seal (registration on February 26, 2013; closing date on July 25, 2014) and the name of the Defendant’s representative director D affixed to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3, 4, 7, Eul evidence No. 1, and the result of this court's inquiry and reply to the Court Administration

2. Judgment on the plaintiff's assertion

A. On January 28, 2015, the summary of the Defendant’s argument that the Defendant’s director C has a duty to pay the Plaintiff a total of KRW 50 million from the Plaintiff on January 28, 2015, with the interest rate of KRW 1,00,000 per month on February 27, 2016, and the Defendant has a joint and several surety for the above loan obligation. As such, the Defendant has a joint and several surety for the above loan obligation, the amount of KRW 98,00,000 (i.e., the principal amount of KRW 50,000,000 through January 27, 2019) and the principal amount of KRW 58,00,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00.