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(영문) 수원지방법원 2019.05.30 2018나79148
대여금
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The basic facts of the claim (1) The defendant is a company that operates alcoholic beverage and beverage sales business. D, the father of the plaintiffs, was appointed as the representative director of the defendant on October 21, 1994 and managed the defendant, and was appointed as the non-party F and the co-representative on January 3, 200.

Since then on January 6, 2003, D and F managed the defendant as the sole representative director of the defendant respectively.

(2) D on February 22, 2013, the Defendant G Bank

H. hereinafter “instant account”

(1) KRW 70 million (hereinafter “instant money”)

(3) On February 22, 2013, the Defendant’s provisional payments (the amount paid temporarily by the Defendant to its executives) stated that KRW 100 million was recovered on February 22, 2013 (the other party is not indicated therein).

The corporate tax for the 2013 business year was reported by reflecting this. (4) E, a registered director (director) who was in charge of the Defendant’s funding and accounting affairs, indicated the Defendant’s representative director F, on behalf of the F, as follows:

(2) On February 22, 2013, that the Defendant borrowed KRW 70 million and agreed to repay it at around seven and eight months (hereinafter “the instant loan certificate”)

2) The loan certificate of this case was prepared and delivered to D (the time when the loan certificate of this case was actually prepared cannot be known).

CF E’s personal seal is affixed, but the Defendant’s representative director’s seal is not affixed, and F’s power of attorney is not attached. (5) E is not indicated in the Account No. 7 (Account J. Account of the G Bank, but appears to be an individual account in the name of E.

A separate management was made, and from May 2010 to May 2013, 201, 3,255,000 won were transferred each month from the said account to D, and 3,255,000 won were transferred each month (one million won each month and 2.5,000 won each month, respectively).

In addition, from June 2013 to December 2013, 2013.

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