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(영문) 전주지방법원 2016.08.11 2015가단1583

보증금

Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant has been operating as a family company since the time of its establishment by G (former representative director) and H couple as a de facto controlling shareholder, and his relatives have been operating as a family company through their relatives.

B. In 205 to 2009, the designated parties C and I, their spouse, transferred the Defendant’s business funds to the accounts of the Defendant, J (G and H’s children), and K (the present representative director, and the spouse of J) on several occasions by the request of G and H.

C. On August 24, 2007, I received L, borrowed L, borrowed amount of KRW 50,000,000 (hereinafter “the instant loan certificate”) from L, and on the same day remitted KRW 44,00,000 from L’s account from a selector C to L’s account.

I, from L on January 28, 2008, received a payment of KRW 80,000,000 each month from L to 26-year limit of 5,000,000 from L, and on the same day, he transferred KRW 29,00,000 each month from L’s account from a designated person’s account to L until the completion of this next fraternity. The said payment obligation would lose the benefit of time and pay the total sum of monthly amounts, even if 10,000,000,000.

The loan certificate and the letter of payment in this case are recorded as joint and several sureties M and the defendant, whichever H affixed the name of N, one of the representative directors of the defendant at the time H, and the employee seal of the defendant, and the letter of payment stated the name of K, which was another representative director, in writing.

(hereinafter referred to as "joint and several sureties of this case") joint and several suretiess for the defendant's above fraternity debts under the payment note;

E. On December 5, 2008, H leased KRW 50,000,00 to the debtor on June 7, 2008 in the form of delegation by K, who was the representative director of the defendant, and represented by the defendant, H loaned the debtor with interest on June 7, 2010.