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(영문) 서울북부지방법원 2015.02.05 2014가단125760
손해배상(기)
Text

The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C established D Co., Ltd. (hereinafter “Nonindicted Company”) on April 25, 2012, and registered himself/herself and the Defendant as a director in-house and as a representative director.

B. The defendant lent to C the name of the representative director of the non-party company to the non-party company, and used the agricultural bank passbook (including the security card, etc.) established in his/her own name to C.

C. C practically performed all of the affairs of the non-party company using the corporate identification center and corporate identification card of the non-party company, and it is impossible for the non-party company to open a passbook due to the default of tax, thereby borrowing funds necessary for the non-party company from the non-party company using the above agricultural passbook, bank security card and seal, etc. received from the defendant.

The defendant was employed in another place and was working, and was not involved in the affairs of the non-party company.

E. C requested the Plaintiff’s East F to lend money via E, and F who did not have any money again requested the Plaintiff to lend money, the Plaintiff wired money to F to F and lent KRW 20 million to F via F to the head of the said Agricultural Cooperative in the name of the Defendant, the amount of KRW 10 million on July 11, 2012, and KRW 10 million on July 23, 2012, and KRW 17,000,000 on August 17, 2012.

F. In addition, C requested the Plaintiff through E to lend money, and the Plaintiff entrusted the Nonparty Company with KRW 30 million on August 3, 2012, and KRW 20 million on August 17, 2012, by means of remitting money to F and remitting money to G’s passbook designated by C via F, with the purchase fund for used parts of the vehicle, and the Nonparty Company agreed to return the money more than three months after each remittance date.

G. During the period from July 26, 2012 to October 26, 2012, the Plaintiff received KRW 12.6 million in total, which was transferred from the said agricultural bank account under the name of the Defendant as interest on each of the above loans.

H. The Plaintiff demanded C through F to prepare and request a loan certificate in the name of C and the Defendant, and C to do so on October 28, 2012.

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