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(영문) 대구고등법원 2018.09.12 2017나22309
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.

Reasons

1. Basic facts

A. The plaintiffs are married, and the defendant is a company that engages in the wholesale business of alcoholic beverages.

B. From April 1, 2004 to April 1, 2005, Plaintiff A, from that to March 16, 2006, Plaintiff A’s penal formula, from March 6, 2007 to August 8, 2011, Plaintiff A’s penal formula, from that to March 11, 2005, served as the representative director of each Defendant company, and from March 13, 201 to that of May 13, 201, D again serves as the representative director.

C. As between November 6, 2004 and October 19, 2005, the following promissory notes (hereinafter “each of the instant promissory notes”) were issued in the name of the Defendant between the Plaintiff A and his representative director at or after his resignation from the Defendant Company:

Although the date of issuance of promissory note No. 1,604, Nov. 6, 2004, Plaintiff A’s column 200,000,000 won for Plaintiff B’s No. 16,000,000 won for Plaintiff B’s column 3,000,000 won for each of the instant promissory note No. 1,50,000,000 won for Plaintiff B’s column 4,30,000 won for Plaintiff B’s column 5,50,000 won for each of the instant promissory note No. 1,50,000 won for Plaintiff B’s column 1,50,000 won for each of the instant notes No. 1,50,000 won for Plaintiff B’s column 1,50,000 won for each of the instant notes No. 9,505,000 won for Plaintiff B’s column 25,005.

2. Determination as to the cause of the claim

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