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(영문) 대전지방법원 2017.01.19 2016나110367
부당이득금
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 first instance court.

Reasons

Basic Facts

I A fisheries partnership is a corporation that is established in order to operate a collaborative fishery business in order to improve productivity on August 23, 1997 as its main business. ① A fisheries partnership is a corporation that is established in order to operate a joint fish farm and joint work, ② a leasing business of fishing vessels, machinery and facilities, ③ a joint shipment, processing, export, etc. of fishery products as its main business.

E was a director of the I fishery partnership corporation on August 23, 200, and the representative director on February 8, 2002, but resigned on July 2, 2002, and the F, the wife of E, respectively, was appointed as a director on March 2, 2001 and the representative director on November 20, 2002, but resigned on March 31, 2003, and E again resigned as the representative director on March 31, 2003, and on the same day, the F was appointed as the representative director.

On October 8, 2002, the Plaintiff transferred KRW 100,000,000 on October 8, 2002, KRW 40,000,000 on October 11, 2002, and KRW 200,000,000 on December 60, 2002, to the account of an international fisheries partnership, according to the E’s request that the funds for operating the I would be needed.

On April 14, 2005, I prepared to the Plaintiff a notarial deed of monetary loan agreement under Article 3692 of the G Notaries Joint Office No. 3692 (hereinafter “No. 1 notarial deed of this case”) with the purport that “The Plaintiff loaned 450,000,000 won to I fishery partnership corporation until April 21, 2005 due date, and if I did not repay it, I would recognize that there is no objection even if I was immediately subject to compulsory execution.”

On the other hand, E and F are jointly and severally guaranteed by E and F I fishery partnership corporations' obligations, while E and F are jointly and severally guaranteed by the Plaintiff on April 28, 2005, E and F are jointly and severally guaranteed by the Plaintiff on the I fishery partnership corporation's first notarial deed. The due date for payment is April 28, 2005, and E and F are subject to compulsory execution immediately if E and F fail to repay this.

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