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(영문) 서울중앙지방법원 2014.10.24 2013가단5173829

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and 5% per annum from June 6, 2013 to December 16, 2013.

Reasons

1. In full view of the following facts, the Plaintiff did not dispute between the parties to the determination of the cause of the claim, or acknowledged by comprehensively taking account of the entries in subparagraphs A and 9, including each number, and the overall purport of the pleadings, the Plaintiff is Defendant B and D (hereinafter “Nonindicted Company”).

(A) It is confirmed that the Defendants lent KRW 100 million to E, designated by the Defendants, in a manner of depositing KRW 100 million in the amount of money in arrears, with a loan of KRW 1.5 billion to be made. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 100 million and its delay damages in the amount of money in arrears. A. The Plaintiff is a F Co., Ltd. (hereinafter “F”).

A person who supplied goods to the non-party company while operating the company, the non-party company currently commenced the rehabilitation procedure, and the plaintiff has a claim at least KRW 500 million against the non-party company in the name of F around May 2013.

B. On June 2013, Defendant C asked the Plaintiff to transfer KRW 100 million to the account in the name of E designated by the Defendants, in relation to the mutual intent company of “G” operated by Defendant B, which was registered as an auditor in the register of Nonparty C, to the non-party company after obtaining a loan of KRW 1.5 billion from the non-party company, and to make an investment in the non-party company. In addition, Defendant C asked the Plaintiff to transfer KRW 100 million to the account in the name of E so that the loan can be resolved

C. Accordingly, on June 5, 2013, the Plaintiff deposited KRW 100 million from the account under the name of Defendant C, which was designated by Defendant C, and the said KRW 100 million was transferred from the account under the name of G to the account under the name of G on the same day.

Although the Plaintiff deposited KRW 100 million as above, the Defendants promoted the Defendants who did not make any additional investment in the non-party company. Defendant C has the word “A was unable to obtain a loan in the name of the Defendant, making it difficult to expect a loan in the name of the Defendant B, making it difficult to expect the loan from the party B, and taking all responsibility.”