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1. Defendant B:
(a) 507,084,250 won;
B. From the Plaintiff, the number of units per entry No. 1 of [Attachment 1] is set from the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures the container containing eggs by using paper paper. D is the Plaintiff’s representative as an internal director.
B. Defendant B operates both the two circles of “F” and “G” in Gangwon-gun E, Gangwon-gun, and Defendant C is the business owner of F.
C. On November 20, 2012, from around May 14, 2014 to around May 14, 2014, the Plaintiff endorsed on a promissory note or a note of shares issued under Defendant C’s name (hereinafter “conceptsory note, etc.”). After receiving discount from H, etc., the Plaintiff received the discount from the H, etc., and then transferred the discount amount to the Plaintiff or D’s account, then deducted a certain amount from the discount amount, and then remitted it to the Defendant C’s account.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 30, Eul evidence 40, Eul evidence 5 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that, upon the request of the Defendants, the Plaintiff received promissory notes, etc. issued by Defendant C from the Defendants, and received discount from a third party using the Plaintiff’s credit, and lent money to the Defendants, or lent cash irrelevant to the promissory notes, etc.
As above, the Plaintiff’s loans to the Defendants amounted to KRW 3,319,369,133 (loan 1,614,462,473 won, such as Promissory Notes, etc.). The sum of the amounts repaid by the Defendants to the Plaintiff is KRW 2,245,379,83.
Meanwhile, the Defendants asserted that Defendant C invested in the business of Defendant B, and that F was the Defendant C’s business registration name for securing its investment and profit, and in fact, the Defendants operated F and G along with the Defendants, and therefore the Defendants are in a partnership relationship. The Defendants are jointly and severally liable to the Plaintiff pursuant to Article 57(1) of the Commercial Act.