대여금
1. Defendants D and E shall jointly and severally pay to the Plaintiff KRW 23,00,000,000 as well as the full payment from July 1, 2016.
1. On October 16, 2014, the Plaintiff asserted that the Plaintiff transferred KRW 50,000,000 to the account of Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd”).
The actual borrower of the above money is Defendant B, C, and Defendant Company and Defendant D are joint and several sureties, so the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 23,00,000 which was not returned among the above loans, and the damages for delay thereof.
Defendant B, C, and D did not properly notify the actual purpose or method of repayment of the loan without the intent or ability to repay, thereby resulting in the Plaintiff’s tort of acquiring the loan amounting to the loan from the Plaintiff, thereby causing loss. The Defendant Company is liable to compensate for damages caused by the tort committed by Defendant C by the representative director. As such, the Defendants are liable to pay the money equivalent to the amount stated in the purport of the claim due to the tort
2. Determination
A. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 through 3, the plaintiff deposited KRW 50,000,000 into the account of the defendant company on October 16, 2014, and the plaintiff prepared a loan certificate (Evidence No. 2) and an agreement (Evidence No. 3) on the same day between the defendant D and the managing director of the defendant company.
The amount of KRW 50,00,000 per loan certificate shall be received by the plaintiff from the plaintiff who is operating the business and borrowed from the plaintiff for the purpose of acquiring the items for items in the case of items in question, and the loan period shall be three months from the date when the deposit is made in the corporate account of the Fund in the Bank of Bankruptcy, and the above loan certificate may be transferred to another person. < Amended by Presidential Decree No. 27790, Oct. 16, 2016>
The above amount is borrowed. The borrower's joint and several sureties's seal impression: A (hereinafter referred to as "Defendant D's personal seal impression") agreement between the A and the LA (hereinafter referred to as "B") agreement between the LA and the LA (hereinafter referred to as "B") of the LA. The actual performance of the portion mutually promised to pay to B 50,000,000 won.