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(영문) 대전지방법원 2020.12.09 2019가합104161
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 300,000,000 and KRW 100,000 among them, from December 1, 2014 to December 20, 2020.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) was established for the purpose of the government’s ordering development task, etc., and was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 2, 2019. Defendant B’s representative director, Defendant E’s representative director, and Defendant E are those who were employed as D’s auditors or internal directors.

B. On August 31, 2012, the Plaintiff drafted, under the Plaintiff’s name, F, the Plaintiff and the Defendants respectively, a certificate of borrowed money (hereinafter “certificate of borrowed money”) and a cash storage certificate (hereinafter “the cash storage certificate of this case”).

(2) The loan agreement of this case under the loan agreement of this case is "the loan agreement of this case" and each of the above documents is "the loan claims of this case" hereinafter). The joint and several surety of each of the above documents is signed by the defendant C, and the defendant C's seal is affixed to the name of the defendant C, and the "interest" of the loan certificate of this case is "interest" in the blank.

Interest on August 31, 2013: The payment method of interest on August 31, 2013: the payment method shall be made to the creditor F (G) on the 30th day of each month.

In the following cases, as a matter of course, the benefit of time shall be lost and the remainder shall be paid immediately:

(1) The payment of interest shall be delayed at least once.

(2) The debtor and the joint and several sureties shall receive any compulsory execution or any application for bankruptcy or reconciliation from other creditors;

3. Violation of the provisions of this Arrangement.

At the time, the obligor shall bear the expenses required for securing or collecting the above claims.

A lawsuit on the above claim shall be brought at the domicile of the creditor.

A joint guarantor shall guarantee this obligation and shall be responsible for the performance of joint and several obligations with the debtor.

on August 31, 2012: Defendant B’s joint and several sureties: (a) Defendant B, who is a cash custodian on August 31, 2012, kept KRW 300,000,000 from F (G) and kept in cash custody on August 31, 2013.

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