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(영문) 서울중앙지방법원 2018.11.27 2017가단5162773
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the cause of the claim asserted by the Plaintiff is that the Plaintiff holds the claim amounting to KRW 24,30,000 for loans, KRW 1,100,00 for machinery and equipment loans, KRW 1,686,397 for alcoholic beverages goods, KRW 1,686,397 for penalty, KRW 10,000 for penalty, KRW 37,096,397 for loans to B.

Of these, the defendant is a person who has completed registration as joint business proprietor B and joint business proprietor, and is engaged in the same business by using the trade name as it is, and thus, he/she is liable to repay the plaintiff's claims arising from the business of B, the transferor, pursuant to Article 42 (1) of the Commercial Act.

Therefore, the defendant is obligated to pay to the plaintiff KRW 37,096,397 and damages for delay.

2. On the basis of the judgment, the plaintiff must prove that the defendant acquired the business of B, and there is no evidence to acknowledge this.

Rather, as the defendant lent money to B and demanded a security, the defendant made business registration with the defendant as joint business operators.

Even if it is no longer seen, the plaintiff's claim cannot be accepted.

The plaintiff's claim is dismissed.

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