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Reasons
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(영문) 수원지방법원 2014.11.18 2014가합6513
대여금 등
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1. The Defendants shall jointly and severally serve as KRW 150,000,000 on the Plaintiff and as a result, from May 1, 2014 to May 22, 2014.

Reasons

1. Facts of recognition;

A. On February 28, 2014, the Plaintiff agreed to lend KRW 100,000,000 to Defendant B with the due date set on April 30, 2014 without interest. At the time, Defendant C, the spouse of Defendant B, guaranteed the Defendant B’s obligation to borrow money in accordance with the above agreement. The Plaintiff loaned KRW 60,000,000 to Defendant B on March 3, 2014, and KRW 40,000,000 on March 6, 2014, respectively.

B. On March 18, 2014, the Plaintiff leased KRW 50,000,00 to Defendant B without interest, with the due date set on April 30, 2014. At the time, Defendant C guaranteed the above loan obligation against Defendant B.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, Defendant B and the joint and several sureties, the primary debtor, are jointly and severally liable to pay the Plaintiff the loan amount of KRW 150,000,000 (= KRW 40,000,000,000) and damages for delay.

3. The Defendants’ defense is determined as to the Defendants: (a) the Plaintiff’s company that is a director of the company (hereinafter “the Plaintiff”) is a company with the same personality as the Plaintiff; (b) Defendant C is the representative director; and (c) Defendant E Co., Ltd. that is an auditor of Defendant B (hereinafter “the Plaintiff”) is a company identical with Defendant B by actually conducting all the business affairs; (d) Defendant B entered into an agreement with the Plaintiff to order the households produced by the Plaintiff at least KRW 300 million at an average of at least KRW 659,684,615 (including value-added tax) for five months from February 1, 2014 to June 2014; (c) it violated the above agreement, and accordingly, the Plaintiff paid damages for the same personality as the Plaintiff, which is less than KRW 252,094,615 (including value-added tax) x 659,684,615 (30 million won x 659,684,615) x 30.5

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