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(영문) 광주지방법원 2019.03.08 2018가단504871
대여금
Text

1. The Defendant’s KRW 10 million with respect to the Plaintiff at the rate of 15% per annum from January 13, 2018 to the full payment date.

Reasons

1. Facts of recognition;

A. On December 21, 2016, the Plaintiff leased KRW 100 million to the Defendant as of December 31, 2017, the date of repayment set by the Plaintiff between Defendant (Co., Ltd. before the change) and D, and as of December 31, 2017, the Plaintiff agreed that D, the representative director of the Defendant at the time, will provide joint and several surety for the said loan obligations.

B. On December 21, 2016, the Plaintiff transferred KRW 30,000,000 to the account in the name of D upon D’s request, and KRW 70,000,000 to the same account on January 10, 2017, respectively.

C. D died on August 16, 2017.

[Grounds for recognition] Evidence Nos. 1 through 5, the result of the order to submit financial transaction information to the E-Cooperative branch of the E-Union and the purport of the entire pleadings

2. Determination

A. According to the above facts, unless there are special circumstances, the defendant shall be deemed to have borrowed KRW 100 million from the plaintiff, so the defendant shall be liable to pay as the principal debtor the amount of KRW 100 million the unpaid principal to the plaintiff and damages for delay calculated at the rate of 15% per annum from the day following the delivery of the original copy of the payment order of this case to the day of complete payment, as requested by the plaintiff.

B. As to the defendant's argument 1), the defendant asserts that D is the principal debtor, and as D dies, F is subject to an inheritance limited approval judgment by the heir F as to D's obligation, the defendant has no obligation to repay to the defendant. The defendant is liable to repay to the plaintiff as the principal debtor for the borrowed loan, and D is merely the joint and several liability debtor for the above principal obligation, and even if D is subject to a judgment by the F's inheritance limited approval by inheritance due to the death of D, it does not affect the defendant's obligation to repay. Therefore, the defendant's argument is rejected. Further, the defendant asserts that the representative director D was borrowed under the name of the defendant without a resolution by the defendant, and therefore, the defendant is not liable to perform the obligation to the defendant.

The representative director of a stock company shall be sprinked.

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