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(영문) 수원지방법원성남지원 2016.07.15 2015가합2870
대여금 등
Text

1. The plaintiff's claim against the primary defendant is dismissed.

2. The conjunctive defendant amounting to 314,000,000 won and its amount.

Reasons

1. Basic facts

A. The primary Defendant (hereinafter “Defendant Company”) is a company established for the purpose of selling the consignment of food, such as liquor, etc., and the primary Defendant (hereinafter “Defendant C”) is the deputy head of the Defendant Company’s business, and the Plaintiff lent to the Defendant C on behalf of the Defendant Company.

B. The Plaintiff lent money several times to Defendant C representing the Defendant Company, and the Plaintiff and Defendant C agreed to pay KRW 300,000,000 with the borrowed money until August 10, 2014, and the Defendant Company repaid the principal amount of KRW 10,00,000 and interest of KRW 10,000,000 per month (hereinafter “instant agreement”).

C. At the time of the agreement of this case, the term “debtor” on the left-hand upper-hand side of the loan certificate (the certificate No. 1-1, hereinafter “the loan certificate of this case”) prepared between the Plaintiff and the Defendant C is indicated as “name: representative director of the Defendant Company D, address: Suwon-gu E, and business name dispute resolution council; and D’s stamp image is affixed on the name side of D; and the immediately following “Y person” is indicated as “name: Address : Address : KRW 1503 and Defendant C’s resident registration number is stated, and Defendant C’s stamp image is affixed on the name side of Defendant C.

On August 24, 2014, the Plaintiff additionally lent KRW 4,000,000 to Defendant C who represented by the Defendant Company, and KRW 10,000,000 on August 25, 2014 (hereinafter “additional lending”).

[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, and the result of this court's order to submit financial information to Korean banks, the purport of the whole pleadings

2. Determination as to the claim against the primary defendant

A. The Plaintiff’s assertion 1) Defendant C is an employee of the Defendant Company, and if the Plaintiff transfers money from the Plaintiff’s side to the Defendant Company’s account, the said money was transferred to the Defendant Company immediately or on its next day. As such, Defendant C was authorized to act on behalf of the Defendant Company.

(b).

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