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(영문) 의정부지방법원고양지원 2015.05.28 2013가단28219
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 72,00,000 and Defendant A Co., Ltd. with respect thereto from June 12, 2013.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company whose main business is building design, reconstruction, redevelopment, sales agency business, etc., and the representative director C of the Defendant Company was in charge of building design, Defendant B used the former office of the Defendant Company, and was in charge of reconstruction, redevelopment, sales agency business.

B. On April 16, 2010, Defendant B prepared a service contract under the name of the Defendant Company with the content that the said Company will sell the housing complex reconstruction project implemented by the said Company, and attached the employee identification number of the Defendant Company, and issued a certificate of the corporate seal impression to Shee Construction Co., Ltd.

C. In addition, around May 4, 2010, Defendant B and the Plaintiff provided the following: (a) around May 4, 2010: (b) the Plaintiff and the Defendant Company again transferred the instant sales agency right, which the Defendant Company received from scarcity Construction Co., Ltd. to the Plaintiff; (c) around May 2010, Defendant B decided to borrow KRW 100,000 from the Plaintiff; (d) the borrower is indicated in the monetary loan agreement prepared at that time as the Defendant Company (Representative, E) and the joint guarantor as Defendant B; (c) affixed the seal impression used by the Defendant Company to the Plaintiff; and (d) the Plaintiff issued an employee seal imprint (No. 8-3) with the seal imprint affixed by the Defendant Company’s registered corporate seal imprint affixed to the Plaintiff.

(hereinafter referred to as the above loan for consumption is called the "loan for Consumption of this case").

The Plaintiff transferred KRW 50,00,000 on May 11, 2010, and KRW 50,000,000 on May 18, 2010 pursuant to the above loan agreement for consumption, to the account under the name of the Defendant company.

E. Article 7 of the said monetary loan agreement provides a loan to the Plaintiff and the Defendant Company for the purpose of its business as the said agreement for the lending of money is concluded separately by the Plaintiff and the Defendant Company. Thus, the progress of the sales contract is within one month from the date of the lending.

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