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(영문) 대구지방법원 2019.12.18 2019나4173
대여금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

On December 18, 2010, the relationship between the Plaintiff and C (the representative director) entered into a joint development agreement with C Co., Ltd. (the mutual company D Co., Ltd. prior to the change; hereinafter “Nonindicted Co., Ltd.”). On December 9, 2010, the representative director at the time entered into a joint development agreement with the owner of real estate owned by the Plaintiff as the business site of Daegu Dong-gu, Daegu-gu, and F Co., Ltd., and on June 28, 2011, each of the above lands owned by the Plaintiff was completed on June 28, 201.

The Plaintiff’s remittance details: (a) on November 29, 201, the Plaintiff entered KRW 20 million as G’s account; (b) on May 27, 201, as Nonparty Company’s account; and (c) on July 9, 2013, as Defendant’s account, the Plaintiff entered as Nonparty Company’s account; (b) on July 9, 2013, in light of the details indicated in Nonparty evidence 3-3, it is reasonable to deem that the Plaintiff was a clerical error on July 9, 2013.

2 million won, 8 million won on July 10, 2013, and 4 million won on August 9, 2013 were remitted respectively.

The defendant's written confirmation of each of the plaintiff on September 14, 2012 confirmed that "the defendant, as the former representative director of the non-party company, will prepare this confirmation document with the debt of KRW 270 million to the plaintiff who is the owner of the non-party company (hereinafter "the confirmation document of this case")," and on July 9, 2013, "I have the former representative director of the non-party company. When the non-party company is in office as the representative director, I will confirm that "I will have the non-party company pay for the above debt of KRW 120 million with the loan of KRW 50 million with the loan of KRW 120 million with the loan of KRW 50 million with the loan of KRW 80 million with the loan of KRW 270 million with the loan of KRW 20 million with the loan of KRW 270 million with the loan of KRW 270 million with the above non-party company's debt of KRW 270 million with the above joint and several guarantee business."

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