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(영문) 전주지방법원군산지원 2014.09.04 2013가합10941
대여금
Text

1. The defendant limited liability company B is KRW 325,00,000 and 2.5% per month from August 1, 2013 to the date of full payment.

Reasons

1. The Defendants asserted that the instant lawsuit was unlawful as it was filed by a person without standing to be a party, since the Plaintiff did not have any monetary transaction with the Defendant Limited Company B (hereinafter “Defendant Company”). However, in a performance lawsuit, the Plaintiff’s standing to be a party is nominal in the Plaintiff’s claim itself, and the determination is added to the judgment as to the propriety of the claim (see Supreme Court Decision 92Da11848, Jun. 12, 1992). Thus, the Defendants’ main defense is without merit.

2. Determination as to loan claims

A. (1) The fact of recognition (1) that the Plaintiff’s private village punishment is a partner of the Defendant Company’s representative director E at the time of the Defendant Company, as well as the Plaintiff’s comprehensive delegation from the Defendant Company’s representative director E at the time, and at the request of F, a de facto manager, the sum of KRW 325 million from March 27, 2012 to August 1, 2012 as indicated in the following table was determined as 2.5% per interest month and lent from the Plaintiff’s account to the Plaintiff’s account in the name of “receivinger” or directly paid to F (hereinafter “the instant loan agreement”).

On March 27, 2012, 10,00 G 25,00 G 25,000 (12,000,000) and E (13,000,000 E) 3 June 8, 2012, 200 E 40,00 E 5,00 E 20,00 E 5,00 E 5,00 E 5,00 on July 1, 2012, 2005 5, 10,000 E 10,000 E 10,000,000 E 6,00 E 10,000 E 6,000,000 E 8,200,000,000 or more of the above 205,000,000 or more of the Plaintiff’s 205,005,08.25,200

[Reasons for Recognition]

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