logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.06.12 2019가단9157
대여금
Text

1. Defendant D shall pay to Plaintiff B KRW 30,00,000 and a rate of 12% per annum from June 11, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On March 7, 2018, Plaintiff A remitted KRW 25,000,00 to an account in the name of Defendant C Co., Ltd. (hereinafter “E”) registered as an intra-company director.

B. On April 6, 2018, Plaintiff B deposited KRW 10,000,000 in the account under the name of Plaintiff F Co., Ltd. (hereinafter “F”) registered as a representative director.

C. Meanwhile, on August 10, 2018, G Co., Ltd. (hereinafter “G”) and F, the Plaintiff B registered as the representative director, entered into a contract with the following content:

(hereinafter “instant contract”; “A” refers to “B” and “B” refers to “G”; thereafter, Plaintiff B remitted KRW 30,000,000 to Defendant D’s account on August 10, 2018 according to the instant contract.

GF DDD / [based ground for recognition] without dispute, each entry in Gap evidence 2, 3, 4, 6, and 7 (which include a number; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Summary of the plaintiffs' assertion

A. The plaintiff's assertion A lent KRW 25 million to the defendant C, and the defendant C is obligated to pay the remainder of KRW 20 million to the plaintiff C.

Defendant C is obligated to pay KRW 20 million as compensation for tort, since Defendant C, even though he/she could not receive investment money, by deceiving the Plaintiff A by deceiving the Plaintiff, such as making a false statement that he/she would receive investment money, etc.

Where the representative director of a corporation causes damage to another person by intention or negligence while performing his duties, the corporation and the representative director are liable for joint tort, and the defendant C is liable for damages to the plaintiff A.

B. Plaintiff B’s assertion 1) because Plaintiff B lent KRW 10 million to Defendant D, Defendant D is obligated to pay KRW 10 million to Plaintiff B. 2) The acquisition of all shares and sales by Plaintiff B is F’s receipt by transfer of ownership of F, F’s right to sell an apartment construction project in Sri Lanka-style Co., Ltd.

arrow