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(영문) 서울동부지방법원 2015.10.16 2015나689
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. Defendant B’s appeal is dismissed.

3. The appeal costs.

Reasons

B. As such, M could no longer be entrusted with the operation of the Defendant Company. M was well-grounded in bus transport business, and the Plaintiff introduced the Plaintiff to Defendant B, and the Plaintiff was involved in the Defendant Company as a business director from December 10, 2012.

B. (1) On December 10, 2012, the Plaintiff entered the three tourist buses (E, F, G, and hereinafter “Plaintiffs”) into Dong-west Tourism Co., Ltd. (hereinafter “Dong-west Tourism”). Around December 10, 2012, the Plaintiff decided to change the company incorporated by Defendant B and Plaintiff-in vehicles into the Defendant company. On December 26, 2012, Defendant B used KRW 25 million out of the loans from financial institutions that received Plaintiff-in vehicles as collateral.

(2) In relation to the above 25 million won, on January 7, 2003, Defendant B borrowed from the Plaintiff on January 30, 2013, “I will take civil or criminal responsibility when I violate the foregoing.” * on December 26, 2013, the official seal of the representative director of the Defendant Company was affixed, and written the loan certificate signed by I as joint and several sureties (hereinafter “the first certificate of this case”).

C. (1) Meanwhile, in relation to the operation of the Defendant Company, the Plaintiff settled the oil supply and operating amount to be paid by the Defendant Company in lieu of the Plaintiff’s money. The Plaintiff calculated the Plaintiff’s settlement cost at KRW 25 million and agreed between Defendant B and the Defendant Company to settle it.

(2) Under the above agreement, Defendant B “Name” to the Plaintiff around February 24, 2013:

B. I have borrowed from A to B5,000,000 (EthO).

On February 28, 2013 and December 26, 2012, the date of maturity for payment stated "the date of borrowing", and after affixing the official seal of the representative director of the defendant company, he/she signed as a joint guarantor (hereinafter referred to as "the second certificate").

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