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(영문) 광주지방법원 2018.12.20 2018가합54793

대여금

Text

1. Defendant (Counterclaim Plaintiff) Company B, Defendant C, and Defendant D are jointly and severally liable to the Plaintiff (Counterclaim Defendant) on 59,915.

Reasons

Basic Facts

The Plaintiff is a corporation that runs the wholesale and retail business of construction materials, and the Defendant C (hereinafter “Defendant C”), Defendant B Co., Ltd. (hereinafter “Defendant B”), and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) are corporations that engage in sand and gravel transport business, etc.

Defendant D is the actual operator of Defendant B and the representative director of Defendant C from August 23, 2012 to December 11, 2017. When Defendant C is deemed dissolved under Article 520-2(1) of the Commercial Act on December 11, 2017, Defendant C is the person who was the liquidator of the said company.

The plaintiff received orders from the construction company for construction materials, such as sand and gravel, and purchased construction materials from the construction company and supplied them to the construction site of the construction company, and the plaintiff did not own any vehicle necessary to transport the construction materials.

Accordingly, from July 2014 to December 2014, the Plaintiff and Defendant C, from December 2014 to September 14, 2017, and from September 14, 2017, requested the Plaintiff to transport construction materials from Defendant B and the Plaintiff to Defendant companies, the Plaintiff made a transport transaction by claiming the Plaintiff for the transport cost after the Defendant Company completed the transport.

With respect to the transport transaction with Defendant B, from December 2014 to March 31, 2016, the Plaintiff wired money to Defendant B’s account at the request of Defendant D. Based on the last day of each month from March 31, 2016, the Plaintiff and Defendant D drafted a statement of accounts (hereinafter “each of the instant statement of accounts”) on the basis of the settlement of accounts and the settlement of accounts (hereinafter “each of the instant statement of accounts”) with respect to the amount remaining after the deduction as above from the amount transferred to Defendant B by the Plaintiff to Defendant B, which deducts the amount for the transport service provided to the Plaintiff by Defendant B from the amount transferred to the Plaintiff. The Plaintiff did not calculate interest for the amount remaining after the deduction as above, 220,000 won per 10,000 won per 10,000 won (the interest was less than KRW 10,00,000; hereinafter the same).

On April 7, 2016, the Plaintiff and Defendant D are jointly and severally liable for Defendant C as the debtor, Defendant D and Defendant B.