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(영문) 대구지방법원 안동지원 2017.03.22 2016가단1915

대여금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 23,726,659 and as a result, from August 31, 2006 to March 22, 2017.

Reasons

1. In full view of the purport of the entire pleadings as to the statement No. 1 of the facts of recognition, the Defendants, around February 7, 2006, may recognize the fact that the Defendants prepared and attached the following loan certificates (hereinafter “the loan certificates of this case”).

The loan certificate of KRW 36 million shall be borrowed from the plaintiff.

The borrower: from February 7, 2006 to August 30, 2006, the defendants

2. The parties' assertion

A. The Defendants borrowed KRW 36 million from the Plaintiff as of August 30, 2006, with the due date specified and borrowed on August 30, 2006, and the Defendants are jointly and severally liable to return the principal and interest of the above loan to the Plaintiff.

B. Defendants 1) The Plaintiffs were D Co., Ltd. (former E Co., Ltd.) and F Co., Ltd. (former E Co., Ltd.) on February 7, 2006.

(2) On August 30, 201, the Defendant invested KRW 36 million in relation to the period of the extinguishment of food waste sold by the non-party company. The Defendants prepared the loan certificate of this case in the meaning of the joint and several liability for the return of the above investment amount to the Plaintiff of the non-party company. However, the non-party company is a constructive merchant under Article 5(2) of the Commercial Act. Thus, the Plaintiff’s claim for the return of the investment amount of KRW 36 million against the non-party company is a commercial claim. Since the above claim for the return of the investment amount expired on August 30, 201, the above claim for the return of the investment amount expired five years after the above payment period, the joint and several liability obligation of

In addition, the Plaintiff was a merchant selling the clothes with the trade name of G on February 7, 2006. However, the Plaintiff’s investment of KRW 36 million in the non-party companies of this case under the Defendants’ joint and several sureties for the purpose of paying interest, including not only the promotion allowances, but also the investment of KRW 36 million in the non-party companies with the aim of selling or selling food, garbage, etc. sold by the non-party companies of this case as a sales salesperson, a special contract store, an agent, and a general sales store, etc.