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(영문) 전주지방법원 2020.01.10 2018나9169
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Defendant.

Reasons

1. The gist of the cause of the claim: (a) the Plaintiff remitted the total of KRW 10,00,000 to Defendant B on January 14, 2014, and August 20, 2015, and lent KRW 10,000 as at the end of December 2015; and (b) the Plaintiff lent the total of KRW 15,000,000 to Defendant C on November 13, 2012 as at the end of December 2012 upon repayment of KRW 3,330 (the face value shall be KRW 500) of the outstanding shares in Defendant C’s name, and the amount of KRW 13,35,000 remains.

Therefore, Defendant B is obligated to pay to the Plaintiff KRW 10,00,000, and Defendant C is obligated to pay KRW 13,335,000 and delay damages therefor.

2. Determination

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 3-2, 5, and 7 as to the claim against Defendant B, the Plaintiff transferred to Defendant B the total sum of KRW 10,000,000 on January 14, 2014, and KRW 10,000,000 on August 20, 2015, and the Plaintiff and Defendant B were registered as executive officers (hereinafter “D”) of D Co., Ltd. (hereinafter “Plaintiff”) as of January 14, 2014, while the Plaintiff and Defendant B invested in D, they suffered economic difficulties due to D’s poor management.

According to the above facts, it is reasonable to view that the Plaintiff lent the total of KRW 10,000,000 to Defendant B as above.

(1) The Plaintiff cannot be deemed to have lent KRW 5,00,00 on August 20, 2015 to Defendant B, solely on the following grounds: (a) the loan as of January 14, 2014; (b) the loan as of August 20, 2015; (c) the loan as of August 20, 2015; and (d) the loan as of August 14, 2015; and (d) the loan as of January 14, 2014 and the loan as of August 20, 2015; and (e) the loan as of January 14, 2014, the loan as of January 14, 2014 was transferred to Defendant B; and (e) there is no evidence to acknowledge otherwise).

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