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(영문) 대전지방법원 2017.12.14 2017나1781

대여금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

The status C Co., Ltd. (hereinafter referred to as “C”) is a corporation established for the purpose of construction business, etc., and E is the representative director of C, and the defendant is the auditor of C.

C On December 7, 2010, concluded a construction contract with the Defendant for the construction cost of KRW 1,100,000,000, and from December 10, 201 to March 30, 201, for the construction period of KRW 1,10,000, and for the construction period of KRW 1,10,000, and for the construction period of KRW 10 to March 30, 201, for the construction of neighborhood living facilities (G building; hereinafter “instant building”).

On January 31, 201, the Plaintiff, including the Plaintiff’s monetary loan, transferred KRW 80,000 to the Defendant’s account under the name of the Defendant after deducting KRW 2,400,000 from the prior interest to the account under the name of the Defendant. C guaranteed the Defendant’s debt.

The Defendant borrowed the above money from the Plaintiff and entered into a lease agreement with the Plaintiff on a deposit of approximately KRW 80,00,00 with respect to about KRW 382.2 square meters for the second floor council members of the instant building as security (hereinafter “instant lease agreement”) between the Plaintiff and the Plaintiff on the same day, and the Defendant and C did not pay the above loan amount to the Plaintiff by the due date, the Defendant and C prepared a letter of payment and a written confirmation (No. 382.2 square meters for the second floor council members of the instant building, which is the object of the instant lease agreement, to sell approximately KRW 80,00,000 to the Plaintiff, approximately KRW 382.2 square meters for the second floor council members of the instant building, which is the object of the instant lease agreement.

Since then, the Defendant paid KRW 80,000 to the Plaintiff on August 1, 2011.

On April 5, 2011, the Plaintiff, including the Plaintiff’s lending of money, agreed to C on May 5, 201 to lend KRW 30,000,000 to C on the repayment date, and transferred KRW 28,70,000 after deducting KRW 1,30,000 from the prior interest to the account under C’s name, and E jointly and severally guaranteed the above lending obligation of C.

On April 25, 2011, the Plaintiff agreed to C on May 15, 201 as repayment date and lent KRW 20,000,000 to C with a prior interest of KRW 600,000.