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(영문) 부산지방법원 2017.01.20 2015가단60548
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant’s lending of money to Defendant C, etc. 1) Defendant D (hereinafter “D”)

The apartment of 80 households (hereinafter “instant apartment”) on the F-based F-based ground close from E, the representative director of the E

) Upon request of the Busan District Court to lend its business funds in connection with a new business, loans totaling KRW 1.8 billion on April 17, 2006 and April 18, 2006 at the due date of payment on June 16, 2006 and at the rate of 3% per month (hereinafter “loan 1” in the case related to this case, Busan District Court Decision 2015Kadan67327, which is the case of Busan District Court 2015Kadan67327, which is the case of this case; hereinafter “relevant loan 1”).

(2) Around September 2006, D transferred the status of the operator of the said apartment construction project (hereinafter “instant apartment operator”) to C (hereinafter “C”) that the Plaintiff was the representative director, as the Plaintiff, to the Plaintiff Company C (hereinafter “C”).

After that, on October 10, 2006, C prepared a written confirmation of the succession of the borrowed amount with the purport that C will succeed to and pay the debt of the above KRW 1.8 billion against the Defendant according to the transfer of the status of the apartment developer of this case and deliver it to the Defendant.

3) On January 31, 2007, the Defendant lent KRW 140 million to C with the maturity of May 31, 2007 and interest rate of KRW 24% per annum (for loans in Busan District Court case related to the instant case, KRW 2015da67327, the part on which the Plaintiff seeks an objection as the instant claim.

hereinafter referred to as “instant loan”).

The Defendant did not receive a certificate of borrowed money printed on the key contents, such as “user” or “joint guarantor”, from the Plaintiff at the time when C was the representative director, or from E where C had the representative director.

However, the plaintiff states that "C representative director A of a stock company" with the debtor's indication and affix his/her official seal to "C representative director A" and separately affix his/her personal seal.

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