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(영문) 청주지방법원제천지원 2014.12.03 2013가단5035

대여금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 75,00,000, and 5% per annum from May 2, 2012 to December 3, 2013.

Reasons

1. Basic facts

A. At around 2008, Jeju City decided to entrust C residents with the right to manage and operate crematorium facilities as part of the neighboring village support project, while expanding the city crematorium at C Day. For this project, the Plaintiff was established on December 16, 2008.

Defendant A’s agricultural partnership (hereinafter “Defendant A”) was established on May 7, 2009 for the purpose of promoting C’s income increase, and Defendant B is the representative director of Defendant A’s corporation.

B. Around January 2012, the Defendant Company purchased scambling equipment for its business. As the Defendant Company failed to pay the price to the companies that supplied the said equipment due to the failure to receive subsidies from the Incheon City, the Defendant Company was urged to reimburse the price.

C. On May 2, 2012, the Plaintiff transferred KRW 75,000,000, which was deposited in the agricultural cooperative D account to the Defendant’s account.

As of May 3, 2012, the Plaintiff had each deposit claim of KRW 81,638,087 in D account, KRW 35,487,097 in E account, and KRW 68,885,345 in F account.

[Ground of recognition] Facts without dispute, Gap evidence 5-1 to 3, witness G, and H's testimony, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion that the Defendant corporation requested the Plaintiff to lend money for the payment of the price of both stable equipment, etc. The Plaintiff, upon the resolution of the board of directors, issued a loan certificate (No. 4; hereinafter “the loan certificate of this case”) from the Defendant corporation, and lent KRW 75,00,000 to the Defendant corporation on May 2, 2012.

In addition, Defendant B provided a joint and several surety for the debt of the loan to the Plaintiff of the Defendant Corporation on the same day.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 75,000,000 and interest thereon and damages for delay.

B. Defendant B, the representative director of the Defendant corporation, prepared the loan certificate of this case asserted by the Defendants.