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(영문) 대구지방법원 2018.05.31 2018가단104341
대여금
Text

1. The Defendants jointly and severally pay KRW 38,218,271 to the Plaintiff.

2. The costs of lawsuit shall be ten minutes, which shall be one.

Reasons

1. The plaintiff asserts as the cause of the claim of this case as shown in the annexed sheet

(However, at the first date for pleading, the Plaintiff: (a) was a person who was additionally paid KRW 2,00,000 to Defendant B; and (b) reduced the claimed amount to KRW 38,218,271. In the description of the grounds for the claim in the attached Form, the obligee refers to the Plaintiff; and (c) the obligor refers to the Defendant.

2. Defendant A, a corporation, did not clearly dispute this (see, e.g., the following 3.3.), and submitted a written objection containing the same argument, but does not dispute the facts of the Plaintiff’s claim itself, and rather, it is understood as an assertion premised on its recognition), and therefore, it is deemed that the Defendant A led to confession pursuant to Article 150(3) and (1) of the Civil Procedure Act.

Defendant B does not dispute the fact that the cause of the Plaintiff was the cause of the claim (the Plaintiff submitted a written objection that it is impossible to recognize the fact that the cause of the claim was the cause of the claim, but the Plaintiff appeared on the date of the first pleading and led to the confession of the cause of the claim). 3. However, Defendant A’s representative director C, a company, through a written objection against the payment order, did not have the obligation

However, the plaintiff's claim of this case is a claim against A corporation, which is a corporate director, and the bankruptcy and exemption of the representative director C's individual cannot affect the defendant corporation's obligations. Therefore, the above claim cannot be accepted.

It is understood that the representative director C confused the responsibility of the corporation and the responsibility of the individual representative director and submitted such a written objection.

4. If so, the Defendants are jointly and severally liable to pay KRW 38,218,271 to the Plaintiff. Therefore, the Plaintiff’s claim seeking an objection is accepted.

However, in view of the circumstances in which the plaintiff partly reduced the claims after raising an objection against the payment order by the defendants, the costs of lawsuit are 1/10 of the plaintiff.

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