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(영문) 서울중앙지방법원 2016.09.20 2016가단30058
대여금
Text

1. The Plaintiff:

A. As to the Defendant A Co., Ltd., the amount of KRW 2,091,168,986 and KRW 246,012,80 among them, from February 15, 2016.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or can be acknowledged by taking into account the overall purport of the pleadings in Gap evidence No. 1 through No. 4.

2. Determination

A. According to the above facts of recognition, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 2,091,168,986 as well as the amount of KRW 246,012,80 as to the principal amount of KRW 246,012,80,000 per annum under the agreement from February 15, 2016 to the date of full payment. Defendant B is jointly and severally liable to pay the amount of KRW 3,90,000 within the scope of KRW 5,20,000,000.

B. As to this, the representative director D of Defendant A Co., Ltd. entered into the instant loan contract according to the direction of Defendant B, which is merely a formal representative director and substantial representative of the company, and thus, the Plaintiff’s claim is unreasonable. However, in the instant lawsuit seeking the performance of obligations against Defendant A Co., Ltd., a corporation, the aforementioned assertion cannot be a legitimate ground for defense.

The above defendant's assertion is without merit.

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.

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