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(영문) 서울남부지방법원 2016.03.25 2015가단216943
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D Co., Ltd., the representative director of the Defendant Company, filed a lawsuit against E Co., Ltd. (hereinafter “E”), on January 25, 2010, claiming restitution of unjust enrichment by 2010 Gohap757. On June 24, 2010, E paid KRW 120 million to D, but i) on September 15, 2010, ii) paid in three installments on October 15, 2010, and paid in installments the unpaid balance by 20% per annum from the date following the date of the payment to the date of full payment. B) The portion of E Co., Ltd., the Plaintiff’s business owner, as a result of the aforementioned adjustment, did not perform its obligations in installments, and each of the aforementioned portion of E Co., Ltd., Ltd. (hereinafter “F’s business owner”).

A) Around December of the same year, the information and communications construction business was transferred to the Defendant respectively. C. The Defendant is jointly and severally liable for the company’s obligations that were established by division or division and merger against F, and as the company established by division or division and merger is jointly and severally liable for the company’s obligations that were divided before the division, F established by division and merger is jointly and severally liable with E to pay the above adjustment amount to E. The Seoul Southern District Court 2014Gahap101874 (hereinafter “instant prior lawsuit”). The Defendant is jointly and severally liable for the payment of the adjustment amount to E.

The above court filed a suit. On November 28, 2014, since the above court did not go through individual peremptory procedure against the defendant, it did not have the effect of a special resolution of the shareholders' general meeting of shareholders. Therefore, the judgment recognized F's joint and several obligations with respect to the aforesaid amount of liquidation, and the above judgment became final and conclusive due to F's failure to appeal. [Grounds for recognition] Facts that there is no dispute between the parties, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 4 (including each number.

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