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(영문) 대구지방법원 2016.12.15 2014가합205588
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,00,000,000 and KRW 400,000 among them, from June 1, 2002 to June 1, 2007.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a small and medium manufacturer in Daegu-gu, Daegu-gu, and Defendant C is a company with the purpose of selling off-the-counter tickets, selling real estate, leasing and parking lot businesses, etc. of the horse race tracks of Korea Racing Association (hereinafter “Defendant Company”). Nonparty E is a person who served as the representative director of the Defendant Company from March 17, 2001, and Defendant B is a person who actually operated the Defendant Company from March 17, 2001.

B. On April 12, 2006, Defendant B prepared a disposal document (1) with the original Defendant’s certificate of loan (hereinafter “the loan certificate of this case”) as follows, and entered the name of the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the name of the representative director E of the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) at the bottom, affixed the employee seal impression of the Defendant Co., Ltd. on the back of the name of E, and delivered it to the Plaintiff through the Plaintiff’s type F

on April 12, 2006, 2006, one of the following amounts is to be borrowed on a daily basis: (1),00,000 won (1,00,000,000) borrowed on April 31, 201: (i) the above amount is to be repaid by the day of the above-mentioned transfer of the C parking lot by July 31, 2006; and (ii) the above amount is to be repaid by the day of May 31, 201.

On April 30, 2011, 201, the above letter, the representative director B (person), the representative director E (person) of the guarantor C, the representative director E (person) (2) of the guarantor C, the above letter, and Defendant B, on April 30, 2011, entered each of the following notes (hereinafter “each of the instant notes”) and the name of each of the Defendant C, the representative director, and the name of the representative director of the Defendant E, the guarantor, and then delivered each of the documents to the Plaintiff via F, signed his seal impression and the employee seal impression of the Defendant Company.

(3) On November 2, 201, the Plaintiff and the Defendants confirmed the facts regarding the loan certificates of this case and the process leading up to the preparation of each letter, and they lose the future repayment plan and the benefit of time in the future.

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