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(영문) 서울중앙지방법원 2020.01.15 2018가단5079748
대여금
Text

1. The plaintiff's rehabilitation debtor B shall confirm that the rehabilitation claim for the plaintiff's rehabilitation debtor B is KRW 184,557,259;

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. From March 2013 to February 12, 2018, the Plaintiff was in charge of sampling work, etc. as an employee of Company B (hereinafter “Rehabilitation Company”).

D represent the rehabilitation company as an internal director of the rehabilitation company, but D and C, their spouse (hereinafter referred to as the "Defendant") were appointed as a joint representative director of the rehabilitation company on April 2, 2018.

B. On September 11, 2017, the Plaintiff transferred KRW 90,000,000 to a deposit account in the name of the rehabilitation company, KRW 30,000,000 on September 27, 2017, and KRW 25,000 on December 20, 2017, respectively.

C. On May 24, 2019, on which the instant lawsuit was pending on May 24, 2019, the Seoul Rehabilitation Court rendered a decision to appoint the defendant, who is a joint representative director of the rehabilitation company, as a custodian. At that time, the said court rendered a decision to appoint the defendant, who is a joint representative director of the rehabilitation company, as a custodian.

In the rehabilitation procedure, the Plaintiff reported the loan claim (interest that started according to the ratio of principal 145,00,000, interest prior to commencement amounting to KRW 42,240,000 and annual 24%) as rehabilitation claim. However, the Defendant raised an objection on July 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 6, Eul evidence Nos. 1 and 11, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff loaned KRW 145,00,000 to the rehabilitation company for a total of 145,000,000 from September 11, 2017 to December 20, 2017, with interest rate of 24% per annum and February of 2018.

Even if E, a person in charge of accounting of the rehabilitation company, received the above money from the Plaintiff on behalf of the rehabilitation company without the power of representation, the Defendant expressed his intent to repay the above money to the Plaintiff and ratified E’s act of unauthorized Representation.

Therefore, the Plaintiff’s rehabilitation claim against the Plaintiff’s rehabilitation company is 184,557,57, including the total amount of KRW 145,00,000 and the total amount of KRW 39,557,259.

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