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(영문) 의정부지방법원 2017.08.31 2016가단29555

대여금

Text

1. The Defendants shall be jointly and severally liable:

A. As to Plaintiff B’s KRW 24,616,660 and KRW 8,283,330 among them, from May 24, 2016.

Reasons

Basic Facts

Defendant G, as the representative of Defendant FF Co., Ltd. (hereinafter “Defendant FF Co., Ltd.”) on January 23, 2013, was appointed as an internal director. On January 23, 2016, the registration of retirement was completed on August 9, 2016 on the ground that he/she retired an internal director on January 23, 2016, and H was appointed as an internal director of the Defendant Co., Ltd. on August 8, 2016, and its registration was completed on August 9, 2016.

On March 7, 2016, the deceased A (hereinafter referred to as the “the deceased”) received a certificate of loan from the Defendant G that “the Defendant borrowed KRW 100 million from the Plaintiff as of December 31, 2016, with the content that “The Defendant borrowed KRW 73 million from the Plaintiff as of December 31, 2016, respectively.”

In addition, on March 18, 2016, the Deceased received a loan certificate from the Defendant G that “the Defendant Company borrowed 50 million won from the Plaintiff on April 8, 2016 on the date of maturity for the joint and several surety of Defendant G,” which was registered as a director of the Defendant Company’s intra-company, and remitted the total amount of KRW 49 million to the account in the name of Defendant G, including KRW 25 million on March 19, 2016, and KRW 24 million on March 21, 2016.

On August 30, 2016, the Deceased died on August 30, 2016 while the instant lawsuit was pending, and Plaintiff B, his spouse, inherited 3/9 shares, and Plaintiff C, D, and E inherited 2/9 shares, respectively.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 (including each serial number in the case of additional serial number), and the facts of recognition as above, it can be acknowledged that the deceased lent 73 million won to the defendants on March 7, 2016 (hereinafter "the first loan"), and the defendant G's joint and several guarantee of defendant G lent 49 million won in total to the defendant company (hereinafter "the second loan") on March 19, 2016 and 49 million won in total, including the amount of KRW 24 million on March 21, 2016 and KRW 24 million on March 21, 2016 (hereinafter "the second loan").

On the other hand, the Plaintiffs are paid KRW 52 million in total from the Defendant Company on April 7, 2016, KRW 1 million, KRW 1 million on May 7, 2016, KRW 50 million on May 23, 2016, and KRW 73 million on May 23, 2016, which is the primary loan.