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(영문) 부산지방법원 2019.10.18 2018나59885
대여금
Text

1. Of the judgment of the first instance, Defendant E and G lose in excess of the following amount ordered to be paid:

Reasons

1. Basic facts

A. A Co., Ltd is a company established for the purpose of manufacturing chemical machinery and machinery.

Defendant E is a person who served as an auditor and vice president of A corporation from July 2015 to May 15, 2017, and Defendant G was a person who served as a managing director of A corporation from August 25, 2015 to May 16, 2017.

Defendant F is the spouse of Defendant E.

B. A Co., Ltd. commenced rehabilitation procedures as Busan District Court 2017 Ma1007, and appointed B and C as joint managers on June 30, 2017. On April 2, 2018, D was declared bankrupt on April 2, 2018 and was appointed as trustee in bankruptcy on the same day.

On September 10, 2018, when the lawsuit of this case is pending, the bankruptcy trustee of the bankruptcy debtor A corporation took over the lawsuit of this case by B and C as joint management of the rehabilitation debtor A corporation.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, 8, 9, 10, Eul evidence No. 5, and the purport of the whole pleadings

2. Determination as to the claim against Defendant E

A. The lending period of KRW 40,00,00 to Defendant E on September 21, 2015 is six months from the date of lending (see March 20, 2016), and the lending of the lending period of KRW 40,00,00 to Defendant E by setting the interest rate of 2% per annum as 2% per annum does not conflict between the parties, or can be recognized by comprehensively taking into account the description of evidence No. 2 and the purport of the entire pleadings.

According to the above facts of recognition, Defendant E is obligated to pay the Plaintiff (hereinafter referred to as the “Plaintiff”) as the trustee in bankruptcy, a bankrupt debtor A corporation, with loans of KRW 40,000,000 and interest and delay damages after the lease date, unless there are special circumstances.

B. 1) Defendant E has the unpaid benefit claim amounting to KRW 22,308,927 against Company A, and the unpaid benefit claim amounting to KRW 17,593,841 against the said claim and the Plaintiff’s loan claim amounting to KRW 17,593,841.

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