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(영문) 전주지방법원 2017.04.26 2015가단40137
대여금
Text

1. The Defendants jointly and severally provide the Plaintiff with 100,000,000 won and the Defendant’s inside and after April 2, 2013.

Reasons

1. Facts of recognition;

A. Defendant D Limited Liability Company (hereinafter “Defendant Company”) was operated by Defendant C, who was appointed as the representative director on September 20, 2010, on the same day as Defendant B, who was appointed as a director.

B. On July 29, 201, the Defendant Company borrowed KRW 100,000,000 from F (name after the opening of name), as of October 29 of the same year, and Defendant B and C guaranteed the said obligation.

C. However, the Defendants were not able to repay the above debts, and Defendant B and C had F pay F with an excessive share of the Defendant Company, and on December 12, 201, Defendant C resigned from the representative director of the Defendant Company, and F was appointed to the representative director.

After that, Defendant C asked H to provide financing to the representative director of the Plaintiff, who had a long-standing relationship in the process of trying to recover his/her shares in the Defendant Company, and H said, the Defendant B provided that “B shall lend money to B, but B shall lend money in writing.”

E. The Plaintiff, who received the above proposal, lent KRW 100,000,000 to the Defendant B and C on December 30, 2011, and the Defendant B and C written the said money with the operating funds of the Defendant Company.

F. In the process of the above lending, the loan certificate was prepared (No. 1-1), and at the time, Defendant C signed and sealed by Defendant B, who was in the Defendant Company’s office, as the obligor, and attached a copy of the resident registration certificate of Defendant C.

In addition, with the approval of F, Defendant B, as a financial officer of the Defendant Company, signed and sealed the Defendant Company as a joint guarantor of the above loan obligation with the consent of F.

G. After the above preparation, Defendant C had been the Defendant Company’s office, and Defendant B said, “Is the President?? Is the President?? I said that I would have become the Defendant Company’s office.” The Defendant C said to the effect that I would know about I’s identity.

【Defendant B’s ground for recognition】

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