logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.06 2014가합34541
대여금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be KRW 85,561,00 and shall be from August 7, 2014 to November 6, 2015.

Reasons

1. Basic facts

A. 1) The parties’ status 1) Defendant D is a person registered as the representative director of Defendant B (established on January 20, 201), and the relationship between Defendant C and Defendant D is between husband and wife, and Defendant F is a person registered as an inside director of Defendant B. Defendant E is a person registered as the representative director of H Co., Ltd. (hereinafter “H”).

B. The Plaintiff’s remittance of KRW 10,00,000,000 on September 10, 201, 201, and KRW 70,000,000 on September 19, 201, and KRW 30,00,000 on October 27, 201, and KRW 30,00,000 on October 30, 201, respectively, to Defendant E Postal Office Account (J).

(hereinafter “each remittance of this case” and “the Plaintiff’s claim based on each of the above transfers” (hereinafter “the instant loans”). C.

The Plaintiff using the Plaintiff’s national bank card of Defendant C was short of the limit, so if the Plaintiff borrowed the card, he/she loaned his/her national bank card (hereinafter “the instant national bank card”) to Defendant C by demanding the payment of the fee. Defendant C used the said card until June 18, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Judgment as to the main claim

A. The gist of the Plaintiff’s assertion 1 of the parties concerned is that Defendant C, the representative director registered in Defendant B, is between Defendant D and the married couple, and Defendant B’s representative director, and actually acted as the representative director.

Upon Defendant C’s request for delivery of money to be used as Defendant B’s funds, the Plaintiff trusted Defendant B’s self-reliance and carried out each of the instant transfers to Defendant G and E’s respective accounts designated by Defendant C, while lending the instant national bank card upon Defendant C’s request.

Therefore, the obligor of each of the instant transfers and loans based on the use of the National Bank Card is Defendant B, and even if not, the obligor is the Defendant B.

arrow