logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.08.30 2017나25070
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of aggregate extraction, processing, and sales business, and the Defendant’s registry was appointed as the representative director on April 9, 2015, and later retired on April 9, 2018, and D was registered as the representative director on April 1, 2014, but was appointed as the representative director on April 1, 201, and on August 7, 2017.

B. The Plaintiff from April 17, 2015 to the same year

6. up to 17 times until August, 6. A total of KRW 316,500,000 was remitted to the Defendant’s agricultural bank account as follows:

Postal transfer date 1. 5,00,00 on April 17, 2015 1. 5, 200,00 on April 17, 2015; 6,00,00 on April 17, 2015; 6,000,00 on April 17, 2015; 6,00 on April 17, 200 on 17, 200 5; 05. 6,005, 00 on April 20, 205; 10,000 on May 20, 2005; 10,000 on 15, 205; 10,000 on 15,00 on 20,00 on 15, 205; 10,007 on May 15, 2015;

C. The Defendant used the aforementioned money transferred from the Plaintiff as daily operating expenses, such as payment of installments to operate the Defendant, monthly salary for employees, and various taxes.

As above, the Defendant, around September 4, 2015, drafted a loan certificate (No. 4; hereinafter “the loan certificate of this case”) stating that KRW 301,50,000 will be repaid to the Plaintiff by December 10, 2016, with respect to the money remitted from the Plaintiff.

[Ground of recognition] A without dispute; Gap evidence Nos. 1, 4, 5 (including branch numbers if a branch number is included; hereinafter the same shall apply); Eul evidence Nos. 5 and 8; the result of the personal examination of Defendant C to the representative of the court of first instance; the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1 of the parties concerned lent a total of KRW 316,50,000 to the defendant at the request of the defendant's representative director C, and the defendant paid the above loans of KRW 316,50,000 and delay damages.

arrow