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(영문) 광주지방법원 2017.06.15 2016가단43266

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 parties' assertion

A. At the time of July 10, 2006, the Plaintiff’s summary of the Plaintiff’s assertion was determined and lent 80 million won to Defendant B, who operates the distribution company under the name of F, as of December 10, 2006, with the maturity of 10,000 won (hereinafter the same shall apply) (hereinafter the loan in this case; hereinafter the same shall apply), partnership company G, D, and E jointly and severally guaranteed the above loan obligations, and the partnership company G was dissolved as Defendant Limited Partnership C (hereinafter “Defendant Company”).

Meanwhile, Defendant B issued a promissory note with a face value of KRW 80 million for the purpose of securing the payment of the above loans (the issuer: the issuer, the corporation, and the issue date, July 10, 2006) but was in default of transactions.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the above loan amounting to KRW 80 million and damages for delay.

B. Defendant B’s assertion was practically operating the Defendant Company on July 10, 2006, and thus, Defendant B affixed the seals of the Defendant Company, Defendant D, and E, without authority, affixed the seals to Nonparty B’s No. 1 (a tea and paper).

In addition, according to the above loan certificate and each letter, if the loan of this case is not repaid, the defendant B was ordered to transfer the representative registration of the company G to the plaintiff, and thus, the claim for the payment of money, not the claim for the transfer of representative member registration, cannot be made.

In addition, after receiving the aforementioned KRW 80 million from the Plaintiff as an advance payment for non-data alcoholic beverages, the Defendant Company paid the liquor price for mistakenly traded by the Defendant Company, and supplied approximately KRW 75 million to the Plaintiff after being supplied with alcoholic beverages from office beer and supplied to the Plaintiff, and the remainder of KRW 5 million was set off with the profits accrued from the card discount created by introduction by Defendant B, and all of the payment for the instant loan was extinguished.

In addition, the loan of this case is paid in advance of the liquor price and is engaged in commercial transactions between merchants who are either goods-price claims or alcoholic beverage transactions.