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(영문) 서울고등법원 2017.09.14 2016나2075808
대여금
Text

1. The part against Defendant B among the parts concerning the primary claim for judgment of the court of first instance shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in trade wholesale and retail business, and export and import business of chemical products, and the Defendant Company is a company that engages in manufacturing and wholesale and retail business, and the Defendant C is a joint representative director of the Defendant Company, and the Defendant D is an auditor.

B. The Plaintiff’s representative E was aware of Defendant C and D through F’s introduction around July 2012. The Defendants requested the Defendant Company to pay KRW 50 million business funds to the new bank account in the name of the Defendant Company on August 17, 2012. (2) Even after the fact, the Plaintiff transferred KRW 50 million to the new bank account in the name of the Defendant Company on August 17, 2012. (3) Even after the fact that the business operated by the Defendant Company, such as physical dust manufacturing and selling business, was subject to investment from a third party in order to resolve the financial difficulties of the Defendant Company, and around that time, the Defendant C and D were stated in the resolution to resolve the managerial difficulties of the Defendant Company, including E and investment attraction issues.

3) The Defendants: (a) around November 2012, the Plaintiff and the Defendant Company managed the revenues of the Defendant Company instead of receiving operational funds from the Plaintiff; (b) the Defendants and G’s respective debt status, the amount of expenditure of the Defendant Company, and matters related to its operation; and (c) the Plaintiff, upon preparing and submitting a written disbursement decision on operational funds, agreed to approve the Plaintiff after examining the details of the disbursement decision and pay the amount corresponding thereto to the Defendant Company; (d) the Plaintiff opened the national bank account in the name of the Defendant Company and managed the entire revenues of the Defendant Company with the said account deposited; and (e) the Defendants, from December 2012 to January 2015, prepared a written disbursement decision in accordance with the form provided by the Plaintiff and submitted it to the Plaintiff; and (e) the Plaintiff, from the said national bank account, submitted it to the Plaintiff.

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