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(영문) 광주지방법원 2020.11.24 2020가단521060
대여금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 1, 1995, Defendant B completed the registration of the business in the name of “E” with the location of “Y” and discontinued the automobile maintenance business, etc. on July 25, 2008. On December 19, 2006, Defendant B established a F Co., Ltd. (hereinafter “Nonindicted Company”) and was appointed as the representative director of the Nonparty Company on October 26, 2007.

B. On January 5, 2007, upon receiving a request from Defendant B to lend KRW 200 million to the non-party company’s account under the name of the non-party company, the Plaintiff wired KRW 200 million to the non-party company’s account (hereinafter “instant loan”).

C. On March 20, 2007, Defendant B signed and sealed a loan certificate issued by the Plaintiff, the obligee, the obligor, Defendant B, and the joint and several surety (hereinafter “the loan certificate of this case”) and delivered it to the Plaintiff. The Plaintiff obtained the Defendant C’s personal seal impression issued on June 15, 2007 and the Defendant B’s personal seal impression issued on July 2, 2007.

Defendant B filed for bankruptcy and immunity with the Gwangju District Court Decision 2009Hadan2530, 2007Da2530 and 2007, and was granted immunity on August 16, 201, and the said decision became final and conclusive on September 6, 201.

E. On December 2, 2013, Nonparty Company was ordered to be dissolved, and on December 2, 2016, Nonparty Company was deemed to have completed liquidation in accordance with Article 520-2(4) of the Commercial Act.

[Reasons for Recognition] Facts without dispute, Gap's 1 to 4, 7, 9 evidence, Eul's 1 (including additional numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff lent KRW 200 million to Defendant B, and Defendant C jointly and severally guaranteed the above loan obligation, and Defendant C is jointly and severally liable to pay KRW 200 million and delay damages to the Plaintiff with Defendant B.

B. If the signature affixed to the part of the claim against the defendant C is reproduced by his seal, the seal shall be affixed unless there are special circumstances.

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