logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.10.24 2018가단58372
대여금
Text

1. As to KRW 109,119,052 and KRW 25,00,000 among the above money and KRW 109,119,052, Defendant B, from January 14, 2014, and the above money, 84.

Reasons

【Claims against Defendant B】

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment made by deeming confessions: Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act (Claims against Defendant C and D).

1. Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 and 2 (including additional numbers) of basic facts, the plaintiff transferred money from defendant Eul to the account in the name of defendant Eul upon request from the defendant Eul for lending money, KRW 25 million on January 14, 2014, KRW 180,000 on February 28, 2014, and KRW 165,00 on April 7, 2014. The plaintiff received a registration of the right to claim ownership transfer on the security of the above loan by the defendant Eul on April 7, 2014 (hereinafter referred to as "the real estate in this case"). The plaintiff was voluntarily decided to commence auction on July 25, 2017 upon request from the FF association for auction on the real estate in this case, and received KRW 165,00 from GH on July 19, 2018, and around August 19, 208, 2018.

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Defendant C, while making a provisional registration on the instant real estate to the Plaintiff, expressed his intent to jointly and severally guarantee the Defendant B’s obligation, is jointly and severally liable with the Defendant B to repay the loan to the Plaintiff.

(2) When the Plaintiff lent money to Defendant B, Defendant B asked Defendant B to deposit money into Defendant D’s account.

Defendant B operated Defendant D and I together with the Plaintiff, and Defendant D is in charge of the internal affairs of the company, and he is in charge of the field affairs and is engaged in the same affairs.

The Plaintiff loaned money with the knowledge that Defendant B and Defendant D were joint business operators.

Defendant D shall bear the responsibility of the nominal name holder under Article 24 of the Commercial Act.

B. Defendant C’s assertion that the instant real estate was registered as a physical security upon Defendant C’s request and jointly and severally guaranteed Defendant C’s obligation to the Plaintiff.

arrow