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(영문) 수원지방법원 2019.07.24 2018가단542898
대여금
Text

1. The Plaintiff:

A. Defendant B’s unlimited partnership, Defendant C, and Defendant D’s joint and several liability amounting to KRW 40,000,000, and that amount on January 2015.

Reasons

1. As to Defendant B’s unlimited partnership company, Defendant E

(a)for the indication of the claim, paragraph 2-a below;

demand for payment of loans due to the facts stated in the subsection

(b) Articles 208(3)2 and 150(3)(1) of the Civil Procedure Act (amended by public notice) of the Civil Procedure Act of Defendant B Unlimited Partnership 1)

2. As to Defendant D and C

A. The facts that there is no dispute over the cause of the claim, the entries in Gap evidence Nos. 1 through 4, and the purport of the whole pleadings are as follows: ① The plaintiff extended KRW 50,000,00 to the defendant B unlimited partnership company (the trade name at the time was changed to the trade name as of April 21, 2017 after the "F unlimited partnership company" was changed to the current trade name; hereinafter "B") on July 24, 2014, and set the interest rate of KRW 700,000 per month and due date of payment as of January 25, 2015; ② the guarantee of the above loan debt by defendant Eul guaranteed the above loan debt; ② the repayment of KRW 10,000,000 among the principal of the above loan debt on September 19, 2014; and ③ the fact that the defendant C and the defendant D were currently an employee of the defendant C is recognized.

According to the above facts, the defendant C and the defendant D, who are members of the defendant B, are jointly and severally liable for the payment of the company's obligations when they are unable to fully pay the company's obligations with the company's assets under Article 212 (1) and (3) of the Commercial Act (Liability of Members)

(3) Paragraph (1) shall not apply where a member proves that he/she has sufficient means to discharge his/her obligations and is easy to execute the company

Pursuant to the foregoing, Defendant B and the Plaintiff jointly are jointly and severally liable to pay to the Plaintiff the amount calculated by applying the rate of KRW 600,000 per month from January 26, 2015 to the day of full payment, with the remaining principal of the loan obligation and the delayed payment damages for the loan obligation.

B. Defendant B did not borrow money from the Plaintiff. The gist of Defendant B’s assertion is that Defendant B borrowed money from the Plaintiff. The certificate of loan (No. 1) submitted by the Plaintiff on July 24, 2014.

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