logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.07.20 2015나15458
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) During the process of the establishment of the Defendant Corporation, the promoters were appointed as first-in-house directors of the company during the establishment of the Defendant Corporation and have the power of representation (the same shall apply to B before the opening of names

(2) The Plaintiff borrowed KRW 100 million to the Plaintiff, and the Defendant’s corporate account did not yet have deposited KRW 100 million to the Daegu Bank account under the name of D. The Plaintiff transferred KRW 100 million to the Defendant’s corporate account on January 17, 2014 as requested by the Defendant representative director D, and D transferred the above KRW 100 million to the Defendant’s corporate account after obtaining the registration certificate under the name of the Defendant on the same day, and making the Defendant’s corporate account. The Plaintiff lent the above KRW 100 million to the Defendant on January 20, 2014, and the Defendant repaid KRW 70 million to the Plaintiff on January 20, 2014, KRW 20 million with the former and driving capital KRW 20 million with KRW 20 million with KRW 360,000,000,000,000 for E-manufactured Machinery Development on February 12, 2014, KRW 2015.

3) Therefore, the Defendant is obligated to pay the Plaintiff KRW 95.2 million (the above KRW 30 million) to the Plaintiff KRW 65.2 million.

B. The Defendant’s assertion is a corporation established on January 15, 2014 by investing KRW 50 million, each of which is the former representative director of the Plaintiff and the Defendant, and by making a contribution to KRW 50 million.

On January 20, 2014, the Plaintiff kept the Defendant’s capital passbook, and arbitrarily withdrawn and used the amount of KRW 70 million from the corporation on January 20, 2014 without the representative director’s permission.

After that, on January 24, 2014, the sum of KRW 65,520,000 was paid to the defendant six times, including KRW 20 million.

2. Facts of recognition;

A. The Defendant is a corporation established on January 15, 2014.

B. On January 17, 2014, the Plaintiff deposited KRW 100 million into the account under the name of D, and D’s business registration certificate under the name of the Defendant on the same day.

arrow