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(영문) 광주고등법원 2019.07.10 2018나24225

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. 1) The co-defendant B Co-Defendant B of the first instance trial (hereinafter “B”).

The purpose of the company is to manufacture and assemble solar power-related facilities and parts. Co-Defendant D in the first instance trial is a person who actually operated B as an internal director in the company director in B, and the defendant is the legal spouse in D. (2) The plaintiff was employed in B and was employed as the representative director in B from January 3, 201 to February 26, 2015.

B. B The F Bank’s debt 1) B to the F Bank on December 31, 2014

(2) As the interest rate (MR) 2.72%, the repayment period was set on December 31, 2015, and KRW 300 million was borrowed (hereinafter “the instant loan loan obligation”).

(2) On the same day, the Plaintiff jointly and severally guaranteed the instant loan obligations within the limit of KRW 330 million. D, the actual representative director of the Plaintiff, which was the first day of the establishment agreement, promised to set up before January 15, 2015, the amount borrowed and the amount to be paid in full at the time of the use of the said amount, and promised to fulfill other responsibilities and duties, and to make every effort to ensure that all civil liability should not be interrupted with respect to interest, various fees, etc. accrued during the loan contract period. However, on the same day, D and the Plaintiff promised to determine the details related to the F bank loan in consultation with each other, and to make the payment of the instant loan obligations as follows (hereinafter referred to as the “instant agreement”).

C. On August 12, 2016, the Plaintiff subrogated 308,101,529 won in total with the principal and interest of the instant loan borrowed to the FF Bank.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, 7, 8, 13 (including the number of branch numbers), and Eul.