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(영문) 부산지방법원 2020.06.24 2019가합46080
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 26, 2010, the Defendant was appointed as the representative director of C Co., Ltd. (hereinafter “Nonindicted Company”) engaging in maritime equipment leasing business, etc., but was retired on August 26, 2013 and on January 23, 2015, the Defendant was appointed as an internal director (registration of the change in retirement and appointment) on January 23, 2015, and is the actual operator of Nonparty Company.

B. On January 11, 2010, while working in D Co., Ltd., the Plaintiff was registered as the head of the department with the non-party company and retired around August 2013, 201, as the auditor from March 31, 2011 to October 10, 201 on the register of the non-party company, and as the internal director from October 10, 2014 thereafter.

C. E is the Defendant’s wife; from January 10, 2010 to January 10, 2013; and from January 23, 2015 to January 23, 2018, it is each registered as an internal director of a non-party company.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 13, the purport of the whole pleadings

2. The parties' assertion

A. From May 12, 2011 to June 27, 2012, the Plaintiff leased KRW 700 million to the Nonparty Company and the Defendant as joint obligor, or under the Defendant’s joint and several sureties, but was paid only KRW 100 million among them.

Therefore, as a joint debtor or joint guarantor, the defendant is obligated to pay 60 million won and damages for delay to the plaintiff.

B. The defendant is not a joint debtor or joint guarantor of KRW 700 million who the plaintiff lent to the non-party company.

In addition, the non-party company repaid the amount of KRW 400 million out of KRW 700 million borrowed from the plaintiff.

3. Determination

A. First of all, the facts of recognition are examined on the basis of the evidence submitted, such as the background leading up to the monetary movement and the contents of all the documents prepared in the process, etc. relating to each of the alleged arguments.

1) The Plaintiff loaned a total of KRW 700 million to the non-party company from May 12, 2011 to June 27, 2012 as indicated below, and received repayment of KRW 100 million among them. Temporary loans (won).

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