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(영문) 서울북부지방법원 2017.11.24 2017가단104115
손해배상(기)
Text

1. Defendant B’s KRW 190,000,000 as well as 5% per annum from December 27, 2007 to February 20, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B, on January 2006, established a corporation E (hereinafter “Nonindicted Company”) with the main purpose of manufacturing and wholesale business of fashioning, wholesale business, etc.

In the corporate register of the non-party company, the defendant C, who is the director of the non-party company, and the defendant D, who is the mother of the representative director, the defendant B, and D, is registered as the director and the plaintiff as the auditor.

B. On March 14, 2007, Defendant B borrowed business funds from the Plaintiff, and around June 14, 2007, the Plaintiff was the lender, Defendant C’s borrower, and Defendant B’s guarantor, and on June 8, 2007, the loan agreement for consumption of KRW 120,000 with the same content as the loan agreement for consumption of KRW 50,000,000, and on December 26, 2007, the loan agreement for consumption of money with the same content as the loan agreement for consumption of KRW 20,00,000 was prepared and delivered to the Plaintiff.

(3) On March 14, 2007: C50,000 on March 14, 2007; 1. 0. 6. 0. 0. 20. 30. 6. 0. 20,000 on March 14, 2007; 20. 1. 1. 6. 0,000 on March 14, 2007; 3. 1. 1. 6. 0,000 on March 22, 2007; 3. 1. 1. 1. 1. 1. 1. 1. 1. 1. 20,000 on March 22, 2007; 3. 1. 1. 1. 1. 1. 1. 1. 1. 1. 20,00,000 on March 22, 2007; 3. 1.

C. Upon Defendant B’s request, the Plaintiff remitted money to Defendant C and D’s deposit account as indicated below.

As above, the money remitted was withdrawn as shown in the following table and was remitted to the passbook, etc. of the non-party company, and all were used as the operating fund of the non-party company.

The Plaintiff filed a lawsuit claiming loans with the Seoul Western District Court 2012Gahap1733 on the ground that Defendant C borrowed money from the Plaintiff as described in each of the above monetary loan agreement.

The above court on September 21, 2012

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