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(영문) 서울중앙지방법원 2020.11.11 2019가합545374

대여금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. The parties' assertion

A. The Plaintiffs’ assertion 1) Plaintiff A, August 23, 2018, is the Plaintiff Company B (hereinafter “Plaintiff Company”).

A) A person who has established the Plaintiff Company is one of the co-representatives of the Plaintiff Company, and the Defendants are those who performed the kind work at the store operated by the Plaintiff Company. (2) Plaintiff A accumulated about about 10 years of work experience in the food industry, and Plaintiff A knew naturally with the Defendants who worked in the same industry, and entered into a monetary loan agreement with the Defendants that did not set the due date, and frequently lent money to the Defendants.

3) Plaintiff A did not set the due date at the request of the Defendants at the time of account transfer, and thereafter lent KRW 251,570,000 to Defendant C as follows, and KRW 73,410,00 in total, from October 30, 2017 to December 13, 2018, respectively, to Defendant D. The Plaintiff Company extended KRW 73,410,000 to Defendant C as follows. The Plaintiff Company did not set the due date by the method of account transfer from the corporate passbook to the passbook in the name of the Defendants at the request of the Defendants, and loaned KRW 140,43,400,00 in total to Defendant C from October 10 to February 25, 2019 to May 24, 2019: < Amended by Presidential Decree No. 28074, Oct. 30, 2017; Presidential Decree No. 28150, Oct. 16, 2015>

H JJJ H HaB CI G IJ HJJJ JJJ JJJ JJJ G G IG 5) Therefore, the Defendants are obligated to pay the Plaintiffs each money as stated in the purport of the above loans and any damages for delay thereof. If each of the above money is not leased to the Defendants, the Defendants are obligated to pay the Plaintiffs the said money for tort damages, as they were urged to use the said money for a personal purpose, and used the money for the personal purpose. (b) Defendant C is a person who planned and operated the Plaintiff Company’s business. (iii) Defendant C also holds the Plaintiff Company’s shares as Plaintiff A and its partner.