logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2020.09.04 2019나23092
대여금
Text

Of the judgment of the first instance, the part against Defendant D Co., Ltd and the part against Defendant C shall be revoked, respectively.

Reasons

Basic Facts

In relation to the status of the parties, etc., the Plaintiff is a lending company that has completed registration of credit business pursuant to the Act on Registration of Credit Business, etc. and Protection of Finance Users. Defendant D Co., Ltd. (hereinafter “Defendant Company”) is a company that conducts construction business, etc., and Defendant C is a F’s parent, the representative director of Defendant Company

On the other hand, Co-Defendant B of the first instance trial (hereinafter “B”) is the wife of G who worked as an internal director or auditor of the Defendant Company.

Around May 2012, Defendant C and the above B (hereinafter “Defendant C, etc.”) participated in the discretionary auction procedure (JJ of the Ulsan District Court) commenced with respect to H and I’s land (hereinafter “each of the instant lands”) in Ulsan-gu, Chungcheongnam-gu, and received the highest price as the buyer (the payment deadline: June 29, 2012).

(hereinafter “First Auction Procedure”). In order to prepare the purchase price for the First Auction Procedure, Defendant C borrowed KRW 518,00,000 from the K Association on July 25, 2012.

I agree to perform the obligations as follows, as I have received the above amounts of 250,000,000 Won from your first day of gold, as I have received the above amounts:

1. October 24, 2012:

2.The interest shall be 3% per month and the overdue interest shall be 39% per annum.

The loan certificate of this case, which is a joint and several surety of the debtor B's contact address (Handphone number) resident registration number address and the debtor C's resident registration number address, is indicated as E Co., Ltd. prior to the change of the defendant company.

On the other hand, at the time of drawing up the loan certificate of this case, the representative director of the defendant company was the F of the present representative director.

(A) On July 25, 2012, in order for the Plaintiff to return to Plaintiff and F and G to prepare a purchase price for the above auction procedure, F and G are the following loan certificates between the Plaintiff and the Plaintiff (hereinafter “the instant loan certificate”), and thus, the contract entered into as “the instant loan agreement.”

arrow