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(영문) 대전지방법원 2015.11.26 2015가단210993

대여금

Text

1. As to KRW 170,561,369 and KRW 154,50,350 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from May 21, 2015 to June 19, 2015.

Reasons

1. Facts of recognition;

A. The relationship between the parties, etc. 1) The Plaintiff and C shall be Samyang Co., Ltd. (hereinafter “Songyang”)

(2) A) around 2008, the Defendant established around August 2009 after the withdrawal of Nonparty C’s homes, which had worked together with the Defendant, and thereafter, the Defendant operated a manufacturing department, baking wholesale and retail business.

3) After establishing the Defendant, C was in office as an internal director or representative director, and currently is the representative of the Defendant’s internal director. (b) Nonparty C supplied processed food, etc. to the distribution of Nonghyup (hereinafter “Non-Party C”) Co., Ltd. (hereinafter “Non-Party C”) and the Defendant’s transaction between the non-Party C and the Defendant.

2) Accordingly, Nonparty 2 supplied goods, such as processed food, from Nonparty 3, and supplied goods, such as processed food, to the Defendant from around 2012.3) The Defendant’s debt amount of the goods that the Defendant failed to pay to Nonparty 2 until April 2013 reaches KRW 154,503,350.

C. The Plaintiff’s loan developments, etc. against the Defendant: (a) Nonparty 1 was unable to receive the payment of the goods from the Defendant; (b) Nonparty 3 demanded that Nonparty 3, the representative of the Defendant, pay the goods to Nonparty 3; and (c) Nonparty 3 promised to sell the Defendant’s goods to Nonparty 3 even until the end of March 2013, 2013. < Amended by Act No. 11614, Jan. 31, 2013; Act No. 11614, Feb. 9, 2013>

3 C, despite the above commitment, was unable to repay the Defendant’s obligation for the purchase price of the goods for the distribution of the goods to the North Korea, C, around April 12, 2013, lent KRW 154,50,350, which is the amount equivalent to the above price of the goods, to the Plaintiff.