beta
(영문) 광주지방법원 2015.09.11 2014가합8105

대여금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 20,000,000 as well as the full payment from the day when the judgment of this case became final and conclusive.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant B, C, and E

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208(3)2 and 150(3)(a)(b) of the Civil Procedure Act of Defendant B Co., Ltd. and Article 208(3)3(c)(a) of the Civil Procedure Act (by service by public notice)

2. Determination as to the Plaintiff’s claim against Defendant D

A. Facts of recognition 1) Network F (hereinafter “F”)

Defendant B Co., Ltd. (hereinafter “Defendant B”) on September 4, 2006

In lending KRW 100,00,00 to B, Defendant C and D agreed as follows, and Defendant C and D guaranteed the performance of their obligations. Defendant B and C shall borrow KRW 100,000 from B (F) on September 4, 2006 and shall repay the debt up to December 20 of the same year. In the event that A and B fail to repay a part of the debt under the preceding paragraph, it shall, instead of performing the said debt, jointly and severally with Defendant C and one other, transfer the operation and operating rights of the corporation, shares and all other assets of the corporation to B. In the event that the said debt is not repaid, the following performance guarantors shall jointly and severally prepare the debt repayment date (as of December 20, 2006) to Defendant B and the said debt repayment amount to Defendant B by 100,000,000,000,0000,0000,000,000,000,000,000,000).

3) Until December 20, 2006, Defendant B did not pay F the above loan of KRW 100,000,000,000, and Defendant B did not transfer the operation rights, shares and all other assets of Defendant B until January 20, 2007, which was one month thereafter. F died on May 20, 2013, and the Plaintiff, his mother, alone.