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(영문) 수원지방법원 2019.04.11 2017가합23885
대여금
Text

1. Defendant C Co., Ltd.: (a) 80,000,000 won for Plaintiff A and its related thereto, from November 25, 2017 to April 11, 2019.

Reasons

1. Basic facts

A. On October 19, 2007, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) drafted and issued each of the following receipts to the plaintiffs on October 19, 2007:

[hereinafter] The receipts (Evidence A) written by Plaintiff A and the receipts (Evidence A No. 3-1) written in the Plaintiff’s future are “the receipts of this case 2”). The amount borrowed from the Plaintiff’s future 2: KRW 100 million: A corporation borrowed the above amount as KRW 100 million from Co., Ltd. to the 87 household of the terminating party among the 651 households of the officetel of the Dongjak-gu Seoul building E-building in Seoul, as part of the contract deposit for the delayed contract, the above amount is determined. C representative director D (person) on October 19, 2007.

B. On October 19, 2007, Plaintiff B transferred KRW 100 million to Defendant D’s account, the representative director of Defendant Company, as of October 19, 2007.

C. On December 5, 2007, Plaintiff B transferred KRW 60,000 to the above Defendant D’s account.

Defendant D transferred KRW 20,000 to the Plaintiff’s account on December 31, 2007.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. The parties' assertion

A. (1) On October 19, 2007, Plaintiff A lent KRW 100 million to Defendant Company as indicated in the receipt of the instant case No. 1 on the primary claim of the Plaintiffs (A). Defendant D promised to jointly repay the said loan with Defendant Company as the representative director of the Defendant Company at the time, and the Defendants are obligated to pay KRW 100 million to each Plaintiff A and its delay damages.

(B) On October 19, 2007, Plaintiff B lent to the Defendant Company KRW 160,000,000,000,000 to KRW 60,000,000,000,000,000,000,000,000,000,000 won as indicated in the receipt of the instant No. 2, and on December 5, 2007, the Plaintiff B was repaid on December 31, 2007.

Defendant D, who was directly paid the above money as the representative director of the Defendant Company at the time, decides to pay the above money jointly with the Defendant Company.

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