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(영문) 수원지방법원 성남지원 2018.08.10 2017가단231644
대여금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 90,000,000 as well as to the day of full payment from February 28, 2018 to the day of full payment.

Reasons

On July 26, 2017, the Plaintiff remitted KRW 15,000,000 to the account of Defendant B Co., Ltd. (hereinafter “Defendant Company”) and KRW 75,000,000 to the account of Defendant C on July 28, 2017.

[Ground] The Plaintiff, upon the Defendant’s agent’s request, lent KRW 90,00,00 to the Defendant Company, as well as KRW 75,00,00,00 among the above loans, was transferred to the Defendant Company’s account.

Therefore, Defendant Company is obligated to repay to the Plaintiff KRW 90,000,000 for the above loan, and Defendant C is jointly and severally liable with Defendant Company for the loan KRW 75,00,000,000, which was remitted to Defendant C’s account. If the above loan amount was not the above Defendants’ loan amount, the above KRW 90,000,000,000, not the above Defendants’ loan amount, the above Defendants are obligated to return it to the Plaintiff as unjust enrichment.

If Defendant D is not a legitimate agent of the Defendant Company, Defendant D is obligated to pay KRW 90,000,000 to the Plaintiff as an unauthorized agent.

The Plaintiff only lent KRW 90,000,000 to E through Defendant D, but did not lend the said money to Defendant Company or Defendant C.

In full view of the overall purport of the arguments as a result of the response by Defendant C and Defendant D as to the claim against the Defendant Company, Gap evidence Nos. 2, 3, and Eul evidence Nos. 4, the F Cooperatives against the order to submit financial transaction information issued by this court, and G, the entire purport of the arguments, as a whole, is as follows: (a) Defendant C and Defendant D are married couple; (b) Defendant D’s representative director is the father H; and (c) Defendant D are in the position of the chief manager (CEO) of the Defendant Company; and (d) Defendant D requested the Plaintiff to lend KRW 90,00,000 to the Plaintiff (the Plaintiff issued the name of the chief manager to the Plaintiff; and the Plaintiff also referred to as “D representative”; and (e) the Plaintiff extended loans to Defendant D on September 28, 2017.

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