beta
(영문) 의정부지방법원 2016.04.27 2014가합52589

대여금

Text

1. Defendant B Co., Ltd. shall pay KRW 70 million to the Plaintiff as well as its annual interest from February 17, 2012 to April 27, 2016.

Reasons

Basic Facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in waste collection and transportation business, and the Plaintiff is a person who served as the representative director of the Defendant Company from July 1, 2009 to February 16, 2012.

(b) Attached Form;

2. The term “name holder” of the list includes a description on the date and time indicated in the “name” column of the same list, in which the amount indicated in the “amount” column of the Defendant Company’s account is deposited, and the Plaintiff has attached thereto.

3. There was an entry and withdrawal transaction in the account of the defendant company, such as the entry in the slip;

C. Defendant C and D are married couple, and Nonparty F, G, and Defendant E are their children, and among them, Defendant C, D, E and G own the entire shares of the Defendant Company. The Plaintiff married with F on September 23, 2008, but divorced around May 2014.

The account transaction details of the Defendant Company include the details of withdrawal in the name of Defendant C, D, and E.

[Ground of recognition] without any dispute, Gap's 1 and 2 certificates (including numbers; hereinafter the same shall apply), each statement of Gap's 1 and 2 certificates, the result of each order to submit financial information to NABK Bank, National Bank, NH Nonghyup Bank, NH Seoul Agricultural Bank, North Korean Agricultural Cooperatives, and NAcheoncheon Agricultural Cooperatives (as from October 21, 2014 to October 28, 2014), and the purport of the whole pleadings

2. The plaintiff's assertion

A. While the Plaintiff filed a claim against the Defendant Company as the representative director of the Defendant Company, Defendant C, D, and E were in financial standing of the Defendant Company, and if resolving the shortage of funds by mobilization of the Plaintiff’s connection with the Plaintiff, the Defendant Company’s management normalization and payment of the principal and interest was made. Accordingly, the Plaintiff concluded a loan for consumption with a third party from June 12, 2009 to July 6, 201 and signed a loan for consumption with the third party.

2. 635990,000 won in total by requiring a third party to remit loans directly to the Defendant Company, as described in the separate sheet,

3. As described above, the Plaintiff lent a total of KRW 838,513,950 to the Defendant Company by way of directly remitting the money to the Defendant Company.