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(영문) 서울중앙지방법원 2015.10.20 2015가합528739
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 20, 2007, the Plaintiff: (a) lent KRW 250,000,000 to D Co., Ltd. (former trade name: E; hereinafter “Nonindicted Co., Ltd”) for interest rate of KRW 9% per annum; and (b) as of August 19, 2007, the repayment period was determined and lent.

(hereinafter “instant loan”). (b)

On August 21, 2007, Defendant B, the representative director of the Plaintiff, issued to the Nonparty Company a written confirmation that “I will not receive reimbursement from the Plaintiff for KRW 250 million borrowed by the Nonparty Company,” (hereinafter “instant written confirmation”).

C. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a representative director and one-person shareholder, who was a company established by investing KRW 50,000,000 in capital on January 15, 2010 by Defendant B.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 6 and the purport of the whole pleadings

2. The Plaintiff’s assertion that Defendant B made the instant confirmation form against the Nonparty Company, while deceiving the Plaintiff that the Nonparty Company was unable to receive the loan due to the closure of its business, thereby inducing the Plaintiff to waive the collection of the loan claim.

Meanwhile, Defendant Company is an individual company of Defendant B established for the purpose of concealing funds, etc. embezzled by Defendant B from the Plaintiff and evading obligations.

Therefore, Defendant B is obligated to compensate the Plaintiff for damages of KRW 250,000,00 and damages for delay incurred by the Plaintiff due to the Plaintiff’s interference with the collection of the instant loan claims. Defendant B is jointly and severally liable with Defendant B in accordance with the legal doctrine of denial of legal personality.

3. The following circumstances, which are acknowledged as comprehensively taking account of the overall purport of the arguments in the evidence Nos. 12 through 14, the Plaintiff filed a lawsuit against the non-party company as Seoul Central District Court 2014Gahap516845, and the non-party company received the confirmation of this case at the request of the Defendant B and received the confirmation of this case.

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