대여금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 60,00,000 and 5% per annum from May 4, 2018 to January 23, 2019.
1. The parties' assertion
A. (1) According to the corporate register E Co., Ltd. (B) around July 18, 201, the Plaintiff was established on June 10, 201, and the first trade name was “J” and the trade name was changed on May 29, 2012. The Defendants asserted that there was no E Co., Ltd. around July 18, 201, but the assertion is unacceptable (hereinafter “corporation”).
(2) The Plaintiff’s claim was accepted on the first day of pleading as the co-defendant of the FF, who operated the instant case, at the first day of pleading. The number of No. 4 (Receipt) of the instant case G G for the racing support is I, but it is apparent that it is a clerical error. The Plaintiff requested temporary lending of KRW 60 million out of the security deposit for real estate sale to be paid by the corporation. However, while the Plaintiff was not repaid, the Plaintiff was registered as a shareholder of the said corporation on the ground that F would first pay the above amount when the corporation is normal, and then distribute 20% of the shares of the said corporation.
3) After August 30, 2012, Defendant C, directors, and F, who were the representative director of a corporation, as of August 30, 2012, paid the above KRW 60 million to the corporation, and the Defendant C, D, and F prepared the instant loan certificate (Evidence A 1) stating that they are jointly and severally guaranteed by Defendant C, D, and F. However, the Plaintiff did not receive the above money until now, and thus, the Plaintiff sought payment to the Defendants, a joint and several surety.
B. The Defendants’ assertion 1) The Plaintiff did not pay not only the loan certificate of this case on August 30, 2012, but also the corporation even before it was paid KRW 60 million, and the Plaintiff’s assertion was merely the money that the Plaintiff lent to F on July 18, 201, to F on an individual basis. 2) The instant loan certificate was drafted in the course of F’s succession to the obligation to a legal entity.
In front of the Defendants’ names of the instant loan certificate, “director” is written.