대여금
1. The Plaintiff:
A. As to Defendant B and E’s joint and several costs of KRW 12 billion and KRW 80 million among them, Defendant B and E shall be jointly and severally held on December 31, 2010.
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1-6 and 9 (including paper numbers; hereinafter the same shall apply) by integrating the whole purport of the pleadings.
The Plaintiff is a person who runs a business, such as interior decorations, in the trade name of “F.”
B. Defendant B was the actual management owner of G Co., Ltd. (hereinafter “G”), and H Co., Ltd. (formerly: I Co., Ltd. and H Co., Ltd. (former: hereinafter “F”) and the K Co., Ltd. (former: hereinafter “F”) serving as the chairperson of the Promotion Committee for the Establishment of Housing Redevelopment and Improvement Projects of J District.
Defendant C is the wife of Defendant B, and is serving as the representative director of H from April 15, 2014.
Defendant E is the management owner of K Co., Ltd. (the trade name before the change was made on December 5, 201) and M Co., Ltd. (the dissolution registration was made on December 3, 2013).
C. On November 12, 2009, the Plaintiff, while lending KRW 80 million to Defendant B and E, was prepared and delivered with the following terms and conditions as “a letter of commitment” and “a certificate of rent.”
80,000,000 won loaned to A is promised to pay the remaining amount to E by B from the partnership until August 30, 2010.
Loans shall be transferred from M to the partnership every month after deposit into the passbook, and the balance of the passbook shall be kept.
On November 12, 2009: B (The address and date of birth are omitted): (1) The loan shall be used as the J district operating expenses and B shall be responsible for other purposes; (2) the loan of KRW 4 million out of the loan of KRW 80 million shall be deducted at the time of subsequent settlement as the amount it was used by E.
3) The loan amounting to KRW 80 million shall be received by B. 4) managed by a separate passbook.
(1) The amount of loan with a letter of commitment: To borrow the amount of 80 million won or more and to perform the following provisions:
1. M representative director, a maintenance business entity, whose amount of debt is KRW 80 million.