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(영문) 대전고등법원(청주) 2015.09.15 2014나1479
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under paragraph (2) shall be revoked.

2...

Reasons

1. Basic facts

A. The Defendant was established around September 26, 2005, and C was appointed as a director with the power of representation at the time of its establishment, and resigned on April 29, 2009.

On the other hand, the defendant, although the head office was "F of the Si/Gu of Cheong-si", on November 16, 2007, reported the establishment of a branch office in the Heung-gu G (1st, 2nd, and 3th floor) with the location of Cheong-gu G (1st floor, 2nd floor, and 3th floor) and changed the head office to the "Yung-gu Seoul Metropolitan City of Cheong-gu

(The registration of the principal office was completed on November 30, 2007). (b) The registration of the principal office was completed on the corporate register of the defendant.

On the other hand, on May 26, 1994, C married with D, the Plaintiff’s female birth, but was married on September 17, 2008.

C. The Plaintiff holds ten copies of a loan certificate 10 million won in the name of the Defendant to the effect that “the Defendant borrowed KRW 10 million or KRW 20 million from the Plaintiff (hereinafter “each of the loan certificates in this case”), and the respective loan certificates in this case, all of the Defendant’s names, etc., as indicated in the separate loan certificates, are printed in the same letter as the Defendant’s name is attached. On the side of the Defendant’s name, the corporate seal, which was submitted to, or sealed with, the Cheongbuk-do Office at the time of establishment of the Defendant (However, it was closed as of September 6, 2009), affixed a seal on the corporate seal, which was submitted to, or sealed with the Defendant’s articles of incorporation at the time of establishment of the Defendant. The amount of the loan, interest rate, maturity, contract date

In addition, each interest rate stated in each of the loan certificates of this case is 1.5% per month, the contract date, the amount of loan, the due date, etc. are as follows (the total amount of the loan is 140 million won) and the following (1) each of the plaintiff's addresses and contact numbers as stated in each of the loan certificates of this case, 6) and 00 each of the plaintiff's addresses and contact numbers as stated in each of the loan certificates of this case, 1) through 5 (1) and (6) and (1) are different, and the address and contact numbers of the defendant printed in the vice-dong characters are different.

(See Attached Form). (1) The date of the contract shall be October 21, 2005; the loan shall be KRW 20 million; and the due date shall be October 21, 2007.

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