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(영문) 대전지방법원 2018.09.12 2018가단209031

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was the representative director of D Co., Ltd. (hereinafter “D”), and E is the Plaintiff’s wife.

On February 18, 2003, the Plaintiff and E acquired 30 taxiss and transport service licenses from F Limited Partnership (hereinafter “F”), and were engaged in taxi transport service in the name of D. On February 10, 2006, G transferred the above service taxi and transport service licenses to G on the condition that G establish and acquire a new corporation. Accordingly, G established Defendant B Co., Ltd. (hereinafter “Defendant Company”), and transferred the above service taxi and transport service licenses to the Defendant Company on November 30, 2006.

B. On September 20, 2007, G borrowed KRW 3400,000 from Defendant C’s wife H with the acquisition price of the above business-use taxi, etc., but if G fails to repay it by February 27, 2008, it agreed to transfer the above business-use taxi and the above business-use taxi license to Defendant C.

C. Meanwhile, since June 203, D transferred the above taxi to G, it violated the prohibition on the use of the name under the Passenger Transport Service Act by allowing it to receive the rent from I, J, K, and L which was the F's owner of the taxi from June 2003.

It was anticipated that criminal punishment and the reduction of the number of vehicles will be subject to the reduction of the number of vehicles.

Accordingly, after consultation with G and Defendant C, the Plaintiff and E receive KRW 300 million out of the D transfer price from the Defendant Company until February 28, 2008. However, if the Defendant Company would be subject to an administrative disposition to reduce the number of automobiles for business use due to the violation of the Passenger Transport Service Act, the Plaintiff and E agreed to receive only the remainder after deducting the amount calculated as KRW 32 million per vehicle to reduce the number of automobiles for business use from the above KRW 300 million from the Defendant Company.

Defendant C was unable to repay the above loan by February 27, 2008, and Defendant C was above March 5, 2008.

The representative director of the defendant company shall be the representative director in accordance with the agreement.