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(영문) 광주지방법원순천지원 2015.12.16 2015가단6887
대여금
Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and KRW 20% per annum from April 4, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. The following facts are found to be established by integrating the overall purport of the pleadings in each entry in Gap evidence 2, 4, 5, 6, and Eul evidence 2 to 4 (including family identification cards).

A. The details of transfers from June 25, 2013 to August 29, 2013, made between the Plaintiff, Co., Ltd (hereinafter “Nonindicted Company”) and the Defendant are as follows.

On June 25, 2013, the Plaintiff Company’s non-party company’s KRW 137 million on July 16, 2013, KRW 40 million on July 16, 2013, KRW 40 million on July 17, 2013, KRW 49 million on July 23, 2013, KRW 49 million on July 23, 2013, KRW 17 million on August 6, 2013, KRW 137 million on August 137, 2013, KRW 50 million on August 27, 2013, KRW 200,000 on KRW 480,00 on August 27, 2013, KRW 200,000 on KRW 5 million on August 27, 2013; and KRW 5 million on August 28, 2013.

B. In addition, D, the representative director of the Plaintiff, transferred the total amount of KRW 5 million to Nonparty Company on March 21, 2013, KRW 40 million to the Defendant between August 31, 2013 and November 8, 2013, and KRW 7 million to E on October 29, 2013.

C. Examining the structure of the shareholders in 2013 of the non-party company’s 2013 shares issued by the non-party company, the Defendant and E, the non-party director of the non-party company, respectively, have 13,950 shares (45%) and 3,100 shares (10%) held by the non-party company’s representative director.

On December 31, 2013, Defendant, E, and Non-Party Company issued and delivered a loan certificate stating that KRW 100,000 from the Plaintiff will be due and payable on March 31, 2014 (hereinafter “the loan certificate of this case”) to the Plaintiff, and that Defendant and E will borrow KRW 100,000 from the Plaintiff on the joint and several guarantee of the non-party company.

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the defendant prepared and delivered the certificate of the loan in this case to the plaintiff and expressed his intent to jointly and severally liable for payment with E and the non-party company out of the amount remitted as above to the non-party company. Thus, the defendant is KRW 100 million and the above loan amount to the plaintiff, barring special circumstances.

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