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(영문) 서울중앙지방법원 2018.11.01 2018가합540808

대여금

Text

1. The Defendants shall be jointly and severally liable:

A. As to Plaintiff A’s KRW 145,713,69 and KRW 106,00,000 among them, June 1, 2018

Reasons

1. Facts of recognition;

A. On October 28, 2016, the Plaintiffs leased KRW 500 million totaling KRW 106,00,000, KRW 244,000,000 by Plaintiff C, KRW 100,000 by Plaintiff B, KRW 30,000 by Plaintiff D, and KRW 20,000 by Plaintiff E during the repayment period, and KRW 500,000 by interest on November 30, 2016.

(A) Evidence Nos. 3 through 5, hereinafter “instant loan,” and each of the plaintiffs’ respective loans is “each of the lending principal of this case”). (B)

However, Defendant F, etc. did not pay all the principal of each of the instant loans and interest or delay damages thereon until now.

C. Meanwhile, on October 4, 2016, J assumed office as an internal director of Defendant H Co., Ltd. (hereinafter “Defendant H”) and completed the registration of his/her appointment on the same day. However, on the same day, on October 7, 2016, the registration of his/her dismissal was completed on the same day.

After October 7, 2016, K was appointed as the inside director of Defendant H on October 24, 2016, but was dismissed on October 24, 2016. L was appointed as the inside director of Defendant H on October 24, 2016, and was dismissed on October 25, 2016.

(F) On October 26, 2016, K took office as an internal director of Defendant H on the same day and completed the registration of his/her taking office on the same day. However, on October 26, 2016, the registration of his/her dismissal was completed on November 1, 2016. L was appointed as an internal director of Defendant H on October 26, 2016.

However, among the loan certificate (Evidence No. 4, e., the instant loan certificate), cash loan and promise performance letter (Evidence No. 5, hereinafter “instant letter”) written as of October 28, 2016, each Defendant H stated “J” as the “representative director J,” and Defendant H’s corporate seal is affixed to each of the instant letters. Defendant H (Representative J) borrowed KRW 500 million on October 27, 2016.