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(영문) 대전지방법원 2017.11.23 2017나103847
대여금
Text

1.The judgment of the first instance, including any claims added by this Court, shall be modified as follows:

The plaintiff's defendant B.

Reasons

Basic Facts

D Co., Ltd. (hereinafter referred to as "D") is a corporation established for the purpose of golf products sales business, golf products assembly business, manufacturing business, etc.

Defendant B, who was in office as the representative director of D, was retired on March 30, 2012, and was reappointed on April 9, 2013. Defendant B, who was in office as a director of D, was retired on March 30, 2012, and retired on March 30, 2012. The Plaintiff’s wife K was in office as D’s auditor and retired on March 31, 2012.

D, such as the conclusion of a screen driving range business agency agreement between D and K, was established on December 28, 2006, and operated a golf appliance sales store in Seo-gu, Daejeon, Seo-gu, Daejeon, to move the place of business to J building located in Seo-gu, Daejeon (hereinafter “instant building”), and on January 6, 2009, between N and N of the building owner of the instant building and N of the instant building, a lease agreement was concluded for two years from March 2, 2009 to move the place of business to the second floor of the said building.

On January 11, 2009, the Plaintiff and the Plaintiff’s wife concluded a lease agreement with Defendant B, through Defendant B, who was the representative director of D, on the third floor of the instant building, with a deposit of KRW 30,000,000, monthly rent of KRW 2,000,000, and the term of lease of KRW 2 years from March 2, 2009, with the intention of operating a screen golf range in the instant building where D is located, and completed the lease agreement with the trade name “Lsc golf” in the name of K.

On January 209, K entered into a business agency agreement (hereinafter “instant business agency agreement”) with D to provide D with the test equipment, business office equipment, and appliances, etc. of the said “LSke golf range” (hereinafter “instant golf range”) at the expense of D, and entered into a business agency agreement (hereinafter “instant business agency agreement”) with D to act on behalf of D until D enters the normal track.

D is D. D's 2nd floor of the instant building.

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