beta
(영문) 제주지방법원 2015.01.22 2014가합2378

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff’s primary assertion 1) The Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant Company”) around March 2014.

B) The agreement between the Plaintiff and the Plaintiff on the transfer of business (hereinafter “the agreement on the transfer of business in this case”) with the effect that the Plaintiff’s comprehensive waste recycling business license, etc. will be transferred in KRW 50

(2) Defendant E transferred KRW 500 million to the agricultural bank account in the name of the Plaintiff on March 21, 2014. However, Defendant E, who was in possession of the above agricultural bank passbook and seal, withdrawn KRW 500 million from the above agricultural bank account on the same day. As a result, the Plaintiff was not paid the above KRW 500 million, and Defendant C, D, and E are jointly and severally liable to pay KRW 500 million, and the Defendants jointly and severally liable to pay the above KRW 500 million and delay damages therefor. (2) Defendant E entered into the instant contract with the Defendant company on March 2014, and received KRW 500 million from the Defendant company on March 20, 2014.

On the same day, the Defendant Company again requested the Plaintiff to lend the above KRW 500 million to the Plaintiff, and the Plaintiff consented to the above lending of KRW 500 million to the Defendant Company, and Defendant C, D, and E jointly and severally guaranteed the above lending obligation.

Therefore, the defendants are jointly and severally liable to pay the above KRW 500 million and damages for delay.

B. Determination 1) In full view of the purport of Gap evidence Nos. 1 through 10, Eul evidence Nos. 1 through 11, Eul evidence Nos. 1 through 3 (each of the items and arguments included in each number), the plaintiff shall transfer the plaintiff's comprehensive waste recycling business permission, etc. in the name of the defendant company around March 2014 to KRW 500 million.