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Reasons
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(영문) 울산지방법원 2015.07.23 2014가합2156
대여금 등
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On October 15, 2008, the Plaintiff loaned KRW 31,000,000 to D on April 30, 2009 due date, and on February 26, 2009, the Plaintiff leased KRW 85,000,000 to E Co., Ltd. with the representative director, and the same year.

5. 4. Each of the above companies lent KRW 15,000,000 to the company.

(hereinafter referred to as “instant loan claims” in total) B.

The Plaintiff filed a lawsuit against D seeking payment of the total amount of the loan amount of KRW 131,00,000,000 and interest or damages for delay. The Plaintiff did not submit a written answer against D. Accordingly, the Ulsan District Court rendered a judgment that accepted the Plaintiff’s claim on August 12, 2010, which became final and conclusive around that time.

(Reasons for Recognition) The fact that there is no dispute, entry of evidence A8, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. (i) Defendant C, who was in internal relations with D, was in charge of financial affairs in Co., Ltd., and operated with D and E in partnership.

Therefore, Defendant C is obligated to pay to the Plaintiff KRW 126,00,000, which is the balance of the instant loan obligations borrowed from the Plaintiff in relation to the operation of the Plaintiff Company E.

She also asserted that the Defendants assumed the obligation, on August 30, 2009, acquired the claim for construction cost equivalent to KRW 1,000,000,000, which the said company had against F, from Co., Ltd., Ltd., and on May 24, 2010, transferred the said claim for construction cost of KRW 200,000 to the Plaintiff.

Therefore, the Defendants have the obligation to pay to the Plaintiff KRW 126,00,000,00, since they have taken over the instant loan obligations of D and E.

Consolidatedly, Defendant C, on the other hand, prepared a letter of promise to pay the Plaintiff around May 24, 2010, with respect to the instant loan obligations.

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