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(영문) 수원지방법원 2018.07.19 2017가단22595
대여금
Text

1. The Defendant’s KRW 170,000,000 as well as 2.4% per annum from May 18, 2017 to June 22, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C and D are siblings, and the plaintiff is C's denial.

B. C served as the representative director of the Defendant Company from March 21, 2000, and retired on March 28, 2009. On the same day, C was appointed as an auditor, and retired on March 31, 2015.

C was appointed as the representative director on October 6, 2015, and resigned on December 22, 2016.

C. Since March 21, 2000, D served as a director or an inside director of the Defendant Company, and retired on March 31, 2015.

D was appointed as an auditor on October 26, 2015, but he resigned on December 22, 2016 and was appointed as a representative director on the same day.

C or the Plaintiff paid a total of KRW 215 million to the Defendant Company as follows.

on April 6, 2015, cash of KRW 30 million to the Defendant Company’s account on August 20, 2015, remittanceing KRW 45 million to the Defendant Company’s account on April 1, 2016, to the Defendant Company’s account, the deposit of KRW 30 million on June 16, 2016, to the Defendant Company’s account on June 16, 2016.

E. Around April 11, 2016, Defendant Company paid KRW 40 million to C.

F. The Defendant Company’s certificate of loan (Evidence A1) drawn up in the name of the Defendant Company as of June 17, 2016, which was the last date of the Plaintiff’s last remittance, stated that “the Defendant Company borrowed KRW 170 million from the Plaintiff,” and the Defendant Company’s seal is affixed after the name of the representative director C at that time.

G. The Defendant Company paid KRW 595,000 (170,000 won X 4.2% / 12) monthly to the Plaintiff’s side, and even after December 22, 2016, D assumed office as the representative director, paid KRW 595,00 per month from April 2017 to April 2017. The same year as of May 24, 2017.

6. On 20.20, only KRW 255,000 (170,000,000 won X 1.8% / 12), were paid, respectively.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 9, 10 through 11, and each of this Court's Dongwon Credit Cooperatives, Nonghyup Bank, Sejong National Agricultural Cooperative, and Dunpy Credit Cooperatives.

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