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(영문) 부산지방법원 2018.03.15 2016가단53509

대여금등

Text

1. The Plaintiff:

A. As regards Defendant B’s KRW 103,873,085 and KRW 100,000,000 among them, Defendant B shall be from November 27, 2016, and KRW 3,873.

Reasons

1. Basic facts

(1) On November 12, 2009, Defendant B borrowed KRW 100,000,000 from the Plaintiff to use it for the construction cost of the Plaintiff’s land B (hereinafter “EF”) on the land of the Busan Seo-gu Party E (hereinafter “EF”), which the Plaintiff constructed. Defendant B borrowed the due date for payment as of February 12, 2010 without an agreement on interest payment. At the time, Defendant B jointly and severally guaranteed the Defendant B’s above loan obligation against the Plaintiff.

D. Defendant B and Defendant C Co., Ltd. (hereinafter “Defendant C”) borrowed each of the following money from the Plaintiff for the purpose of using it for the construction cost of FFF land lending (hereinafter “FF lending”) constructed by Defendant C from the Plaintiff:

Each loan shall be 1. The loan shall be 1. 'the loan', etc.

() The fact that the agreement on the repayment term of the borrowed principal on the date of borrowing Nos. 10,00,000 won as of February 1, 2014 was nonexistent 20% on July 30, 2014, and no agreement was reached on July 10, 2014, 30,500 won as of July 2, 2014, and no agreement was reached on July 10, 2014, 30,000 won and no agreement was reached on August 30, 2014, 40,000 won and no agreement was reached on August 30, 2014, and no agreement was reached on October 30, 2014 5, 200, 2000 won and no agreement was reached on October 30, 2014 (including the agreed number No. 10,000,000 won).

each entry, the purport of the whole pleading

2. Determination as to the Plaintiff’s claim for the loan of KRW 100 million against Defendant C

A. The primary claimant asserts that, since Defendant C agreed to repay the loan of KRW 100 million, Defendant C is jointly and severally liable to repay the loan of KRW 100 million to the Plaintiff with Defendant B and D.

However, there is no evidence to acknowledge the plaintiff's assertion, so the plaintiff's above claim is without merit.

C. The plaintiff in preliminary claim 1 is a company established by the defendant C for the purpose of evading his/her obligation, on the ground that the defendant C is a legal entity separate from the individual company operated by the defendant C.