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(영문) 인천지방법원 2016.08.18 2015가단211899
대여금
Text

1. Defendant B and the Defendant (Counterclaim Plaintiff) C are jointly and severally liable for KRW 170,000,000 to the Plaintiff (Counterclaim Defendant).

Reasons

1. The following facts in common with the principal lawsuit and the counterclaim are not disputed between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in Gap evidence No. 1 and Gap evidence No. 2 (including a serial number).

The plaintiff of the party shall perform a duty to manage the office operation, such as revenue, expenditure management, employee management, etc. at the tax accounting corporation E-dong branch located in Yangcheon-gu Seoul Metropolitan Government D2 (hereinafter referred to as the "E-dong branch"), and the defendant B (hereinafter referred to as the "Defendant B") is a corporation with the purpose of scrap metal, non-refinite, collection, transportation, and sale, etc., and the defendant C is the actual operator of the defendant corporation.

B. Defendant C’s acquisition of Defendant C was known of Defendant C who was engaged in collecting and selling scrap metal or scrap metal from around 2012, and the Plaintiff borrowed and returned money to C. At the time, Defendant C was not engaged in economic activities in his own name due to bad credit standing. (2) Meanwhile, Defendant C was in possession of the Plaintiff’s business, but the Plaintiff introduced Defendant C to the Defendant Company as it was necessary by the Plaintiff, and the Plaintiff was in possession of the Plaintiff’s business. In the process of selling the Defendant Company, it was difficult to believe Defendant C, who had no awareness from the Plaintiff’s business partner, and thus, the Plaintiff became the representative director in the name of the Defendant Company on January 2014.

3) From February 2014, Defendant C, a trading company, such as rain and waste rail, located in Seo-gu Incheon, Seo-gu, Incheon, H (foreign I actually operated).

F. H: H:

In fact, the defendant company was practically operated by leasing a part of the site from the plaintiff, and the plaintiff was demanded to transfer the name of the representative director, and on May 15, 2014, the non-party J was appointed as the director of the defendant company.

C. However, such as lending the Plaintiff’s money, Defendant C acquired the Defendant Company, and then scrap metal and non-ferrous metal.

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