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Reasons
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(영문) 광주고등법원(전주) 2015.06.25 2014나3066
대여금
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1. The part against the defendant limited liability company B and the part against the defendant C in the judgment of the first instance shall be revoked;

2. The foregoing.

Reasons

1. Facts of recognition;

A. Defendant B is a corporation that runs a construction business, a public housing management business, a real estate brokerage business, etc., and the articles of incorporation and the list of members of each of the Defendant B had 50% of the equity shares (15,000 equity shares out of 30,000 equity shares) as an employee of each of the Defendant B, E was registered as a director and a representative director of each of the Defendant B, and P was registered as a director of each of the Defendant B.

B. From March 27, 2012 to July 8, 2012, D transferred KRW 90,000,000 to the G or E’s account in the name of the Plaintiff at F’s request from G or E, which is F’s father, from the CF’s HF account, and granted KRW 200,000,000 to F on July 25, 2012.

Serial Transfer Account No. 5,00,000 KRW 20,000 G 4 July 1, 2012, 2012 and KRW 12,000 G (12,00,000,000) 5,00 on May 3, 2012 (13,000,000) 5. 10,000 on July 4, 2012, 2012, KRW 30,000 on June 8, 2012, KRW 30,000 on June 20, 2012.

C. After that, the Plaintiff and the Defendant B prepared the following loan certificates (hereinafter “the loan certificate of this case”). The loan certificate of this case is affixed with the seal affixed thereto in the name of the Defendant B.

[Attachment] Daily Deposit: The above amount of KRW 1,000,000,000,000, was borrowed from Defendant B to the Plaintiff on July 25, 2012 as the construction cost of QG loan in the former Northern-gun, Chungcheongnam-gun, and the Plaintiff on July 25, 2012, and the interest shall be paid in 2.5 copies per month and paid in 25 days per month.

The date of performance is to pay to the Plaintiff by April 10, 2013.

Serial 15,00,00 won for the temporary transfer of the accounts on August 1, 2012, Defendant B 11, October 10, 2012, and KRW 10,000 for each of 3,00,000 won on August 18, 2012, 3,000,000 won on August 18, 2012; KRW 30,000 on August 30, 2012; KRW 0.0,000 on August 30, 200; KRW 13.0,000; KRW 13.0,00,000; KRW 12,00,000 on October 15, 2012; KRW 10,000; KRW 10,000 on August 30, 20, 200; and KRW 15,005; and

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