(영문) 대구지방법원 2020.06.11 2018가단133417

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(영문) 대구지방법원 2020.06.11 2018가단133417

대여금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As to the primary cause of the claim

A. The plaintiff's primary claim 1) The defendant is the non-party C Co., Ltd. (hereinafter "the non-party corporation") and "the non-party company".

) The representative director of the non-party company actually manages the non-party company. At the defendant's request on October 5, 2015, the plaintiff requested 10,000,000 won on October 27, 2015, 20,000 won on November 5, 2015, 20,000 won on June 7, 2016, and 47,50,000 won on June 7, 2016, and 6,000,000 won on the non-party company's account. 2) The defendant paid the above loan (total 113,50,000,000 won) to be used for the purchase with the non-party company's office, but at the time the defendant promised to pay it jointly with the non-party company.

3) As between November 7, 2015 and April 26, 2016, the Defendant and the non-party company repaid a total of KRW 20,700,000 among the above loans. 4) The Plaintiff purchased a Cheongmul from the non-party company from July 2018, since the Plaintiff had to pay 26,281,40 won out of the amount to be paid to the Plaintiff, it is against the loan claims that the Plaintiff should receive.

5) Therefore, the Defendant is liable to pay 66,518,600 won (=113,50,000 won - 20,700,000 won - 26,281,400 won, and damages for delay thereof, jointly and severally with the non-party company, to the Plaintiff.

B. The Defendant, who is the representative director of the non-party company, promised to pay the loan jointly with the non-party company when requesting the Plaintiff to lend the loan.

or, at any time thereafter, there is no evidence to prove that the defendant has made an additional joint and several reimbursement commitment.

At the time that the Plaintiff sent the claimed loan, the Defendant was the representative director of the non-party company. The Plaintiff sent all the claimed loan to the account of the non-party company by depositing the loan into the account of the non-party company. Even if based on the Plaintiff’s assertion, the Defendant requested the loan while using it as the operating fund of the non

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