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(영문) 청주지방법원 제천지원 2017.01.12 2015가합10175
대여금 등
Text

1. The plaintiff A, a corporation:

A. Defendant C shall pay KRW 21,500,000 and its payment shall be from October 9, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a corporation incorporated on February 12, 2014 with F as its principal office for the purpose of facility management business, service security business, etc.

B. Defendant C served as the principal branch of the Plaintiff Company from March 2014 to July 2015. The Plaintiff B, as the husband of the representative director G of the Plaintiff Company, actually operated the Plaintiff Company H and the Plaintiff Company.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim of the Plaintiff Company

A. On September 30, 2013, part 1 of the claim amounting to KRW 20,000,000 against Defendant C was leased KRW 20,000,000 to Defendant C on September 30, 2013. On or around August 2015, the Plaintiff Company acquired the above loan claim against Defendant C from Defendant C by Defendant C. A. The Plaintiff Company agreed to pay KRW 20,000,000 among the loan amounting to KRW 20,000,000 to the Plaintiff and paid KRW 20,000 on behalf of the Plaintiff B, etc.

The provisional application for No. 2 No. 2 was prepared by the plaintiff B as necessary for the accounting management of the company.

Defendant C shall not receive or consent to the assignment of claims.

3. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 2 and 10, Defendant C received KRW 20,000,000 from H as litigation revenue and incidental expenses on September 30, 2013. The Plaintiff Company received the claim amounting to KRW 20,000,000 from H around August 2015, and the Plaintiff Company received the claim amounting to KRW 20,000,00 from H with respect to Defendant C, and H may acknowledge the fact that around March 2016 and May 2016 notified Defendant C of the transfer of the claim amount.

As to this, the defendant C only prepared a provisional application by the plaintiff C as necessary for the accounting management of the company, and the facts are at the time of the defendant C.

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