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(영문) 서울남부지방법원 2017.11.09 2017가단215142

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 110 million and the period from November 26, 2009 to January 26, 2017.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 3-1, 2, 4, 5, and 6:

The Plaintiff was the representative director from March 31, 2005 to December 7, 2010, who is engaged in the business of manufacturing electric automation equipment, the business of manufacturing industrial alarm devices, the business of conducting telecommunications construction, etc. located in Gyeonggi-do Si D (former trade name: F. F.; hereinafter referred to as “non-party company”).

(At the request of the plaintiff on March 6, 2006, the defendant B entered the non-party company as a business support team director of the non-party company and worked until August 30, 2009.

Defendant C is the spouse of Defendant B.

B. Around February 2006, the Defendants resided in Yangcheon-gu Seoul Metropolitan City G, and leased the I apartment 105 Dong 901 (hereinafter “instant apartment”) from Nonparty H in the name of the Defendant C. At the request of Defendant B, the Plaintiff was the same as H on February 10, 2006 as the deposit money for lease.

F. 28.10 million won was remitted to each other.

(hereinafter “the instant money”). C.

The Defendants moved into the instant apartment on February 14, 2006 and resided in the said apartment until March 30, 2015.

2. The plaintiff asserted by the plaintiff is the cause of the claim in this case, and the plaintiff was requested to lend money under the name of the lease deposit with the defendant B while joining the non-party company. The defendant C is jointly and severally liable with the defendant B for the payment of the above money according to the provisions of the common household liability under Article 832 of the Civil Code.

In this regard, the defendants asserted that the above amount was not borrowed but Defendant B's scarf expenses, and even if the loan was a loan, the extinctive prescription has expired.

3. Determination

A. The facts recognized prior to whether the loan was a loan and.

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