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(영문) 수원지방법원 2020.08.26 2019가합16072

대여금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

[Ground for Recognition: Facts without dispute, Gap evidence 1, 6, 11, 20

(2) On May 18, 2007, the Plaintiff made a loan to the Plaintiff on May 18, 2007 by setting the interest rate of KRW 1 billion at 9% per annum and May 18, 2008.

On April 14, 1998, the non-party company was established for the purpose of manufacturing and selling food beverages, etc. and from around 2000, the non-party company started rehabilitation proceedings on September 16, 2009 with the Seoul Central District Court 2009 Ma133, and was dissolved on March 6, 2013 with the Seoul Central District Court 2013Hahap32.

C was appointed as the representative director of the non-party company on July 26, 2000 and resigned on December 22, 2006, and again appointed as the representative director on September 23, 2008, and on December 9, 2008, it was appointed as the administrator of the non-party company.

On the other hand, on July 14, 2013, the Defendant: (a) was established with the trade name “B” and entrusted by the PSD to perform services such as the incineration of waste, the selection of recycled waste, and the disposal of food waste; (b) changed the trade name on March 3, 2016 to “F” and “B” and “B” from March 2017 to March 3, 2016.

On July 1, 2018, the defendant entered into a contract with H and B to grant exclusive license by setting the period of use for Korean and Chinese trademarks from July 1, 2018 to December 31, 2027, while the user fee was 0.5% of the sales from January 1, 2020 to the end of the period of use, and changed the trade name on July 2, 2018 to the present trade name.

On May 18, 2007, the Plaintiff asserted that the cause of the claim occurred and lent KRW 1 billion to the non-party company. As of September 11, 2008, the above loan amounts to KRW 775,000,000 as principal and interest KRW 47,441,090 = 1 billion from February 19, 2008 to July 17, 2008.