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(영문) 서울중앙지방법원 2019.04.03 2018나33151

대여금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff was jointly and severally liable for Defendant C and D, and lent a total of KRW 45,00,000 to them as follows:

1) Lending KRW 30,000,000 on February 19, 2016 (hereinafter “the primary loan”) and (hereinafter “the primary loan”).

(2) On March 24, 2016, Defendant C transferred the said money to Nonparty G account, at the request of Defendant C, and on the same day, the said Defendants were issued and delivered a promissory note with the face value of KRW 30,000,000 with the joint issuer, and the due date of payment as of April 19, 2016. (2) The said money borrowed KRW 5,000,000 from March 24, 2016 to G account (hereinafter “the second loan”).

3) On April 18, 2016, leased KRW 10,000,00 (hereinafter “third loan”) and “each of the instant loans” in total, including the first and third loans.

2) Defendant C entered “B (C director)” in the borrower’s column at the time of drawing up the secondary loan certificate, and entered “C (B director)” in the borrower’s column at the time of drawing up the third loan certificate, and Defendant D entered “D (B promotional director)” in the borrower’s column at the time of drawing up the third loan certificate. (c) At the time of each of the instant loan, Defendant C entered the Defendant Company B (hereinafter “Defendant Company”).

A) In-house director, Defendant D was a public relations director or internal director, and the principal purpose of each of the above loans was to provide the Plaintiff with the cost of manufacturing the Do himself to be sent to the exhibition as the representative director of the Defendant Company, who is the husband of Nonparty C. The purpose of this loan was to provide the Plaintiff with the cost of manufacturing the Do himself to be presented to the exhibition. In fact, a considerable portion of the borrowed amount was delivered to E and used as the cost of displaying the exhibition. D. Defendant C and D repaid KRW 6,00,000 out of the total amount of each of the loans of this case as KRW 45,00,000 among the total amount of the borrowed amounts of KRW 45,00.

2. Determination as to the main claim against the defendant company

A. The Defendant Company 1 asserts that the Plaintiff’s assertion is conducting self-production, wholesale, retail, etc.