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(영문) 대전지방법원천안지원 2017.08.25 2016가합101375

대여금

Text

1. Defendant B’s land rearrangement cooperative: KRW 1,075,571,830 for the Plaintiff and the Plaintiff’s land rearrangement cooperative from June 9, 2016 to August 25, 2017.

Reasons

1. Summary of the parties' arguments

A. The Plaintiff lent the sum of KRW 1,131,571,830 from June 26, 2009 to December 4, 2009 as the operating fund of the Plaintiff Union to the Defendant Union without setting interest and due date. C as the president of the Defendant Union at the time, jointly and severally guaranteed the Defendant Union’s obligation to borrow money.

Therefore, the Defendant Union is obligated to pay the Plaintiff the above loan amount of KRW 1,131,571,830, and Defendant D, E, F, G, H, and I, the inheritor of C, are jointly obligated to pay the amount equivalent to the share of the above loan amount of KRW 1,131,571,830.

B. Defendants 1) did not borrow money from the Plaintiff. The money the Plaintiff claimed to have lent was received from J, the contractor of the Defendant Union, as the name of operating expenses and the compensation for obstacles to the Defendant Union. 2) Even if the Defendant Union borrowed the said money, the lender is not the Plaintiff, who is the representative director, K (hereinafter “K”).

3. C, the president of the defendant partnership, has not been jointly and severally guaranteed for the debt borrowed from the defendant partnership.

2. Determination as to the claim against the defendant union

A. The amount deposited on June 26, 2009 801,201,200 J on June 29, 200 19,66. 19,60,000 on July 19, 200, J 300,00 on June 19, 200, J 40,00 on July 19, 200, 200, 200, 50, 50, 200 on July 20, 209 5, 20. 19,520 on July 20, 200, 10, 200, 520, 520, 200 on July 1, 20, 200, 50, 200, 520, 67,670 on July 31, 200 on July 4, 2009,

According to the statement in Eul evidence No. 1, the sum of KRW 1,075,571,830 (hereinafter referred to as "the case") as shown below.