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(영문) 대전고등법원 2015.04.06 2014나12155
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation whose purpose is manufacturing business, including electrical and electronic products, electronic equipment, and industrial machinery equipment.

Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Company”) is a corporation whose purpose is to conduct manufacturing business, such as robots, electrical and electronic products, electronic equipment, and industrial machinery and equipment, and Defendant B established and operated the Defendant Company on August 11, 2008.

B. From 2010 to 2012, the Plaintiff lent a total of KRW 286,059,133 as operating capital to the Defendant Company.

In addition, the rent that the Plaintiff did not receive after renting the machinery to the Defendant Company is KRW 22,00,000.

C. The defendant company supplied goods to the plaintiff and did not receive them are KRW 123,141,100.

In addition, on August 11, 2008, the defendant company leased the factory site and ground factory building located in Seo-gu, Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu from August 11, 2008 to July 31, 2009, with the lease deposit amount of KRW 20 million from August 11, 2008 to July 31, 2009.

On September 6, 2013, Defendant B prepared a cash storage certificate to the Plaintiff to repay KRW 208,004,308 out of the total amount of the Defendant Company’s debt to the Plaintiff and issued it to the Plaintiff.

E. On September 9, 2013, the Defendant Company stated the Plaintiff as KRW 208,00,000 in the “one aggregate amount of KRW 218,00,000,000 in the Plaintiff’s evidence Nos. 8-1 of the Plaintiff’s 218,000,000. However, all of the redemption amount according to the repayment schedule would be KRW 218,00,000 if all of the redemption amount pursuant to the repayment schedule, and the Defendants did not dispute

A. It shall be paid KRW 10,00,000 among them on October 31, 2013; KRW 10,000,000 on November 30, 2013; and KRW 10,000,000 on December 31, 2013; and KRW 10,000 on January 31, 2014; KRW 100,000 on February 28, 2014; KRW 10,000,000 on February 31, 2014; and KRW 10,00,000,000 on April 30, 2014; and KRW 26,00,000 on each of the instant agreements to pay KRW 30,00,00 on May 31, 204; and

F. On the other hand, the Plaintiff.

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