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(영문) 대전지방법원 2018.05.18 2017나103533
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 22, 2014, the Defendant established and operated the instant legal entity (representative E) that runs the same kind of business in the name of “C” with the husband, along with “C”, and operated the instant legal entity (representative E).

After October 30, 2014, the Defendant and E comprehensively transferred the entire business of C, including C’s factory buildings located in Chungcheongnam-gun I, Chungcheongnam-gun, Chungcheongnam-do.

B. On August 26, 2011, the Plaintiff: (a) the Defendant, E, and F: (b) the Defendant, and E, and F, leased the advance payment of KRW 100 million to the Defendant and F, with the interest rate of KRW 100 million per month; and (c) the due date of repayment on February 26, 201; and (d) the Defendant issued the said KRW 100 million to the Defendant.

(hereinafter “the instant advance payment”). C.

On January 9, 2015, the Plaintiff: (a) was found to have leased KRW 100 million in the future of the instant corporation; (b) was found to have been jointly and severally guaranteed the instant additional loan owed by the Defendant for the instant additional loan owed by the instant corporation by setting the interest rate of KRW 100 million in the instant corporation as 1% per month and due date for payment; and (c) on December 30, 2015 (hereinafter “instant additional loan”); and (d) the Defendant jointly and severally guaranteed the instant additional loan owed by the instant corporation.

On January 9, 2015, the Plaintiff transferred KRW 50 million, and KRW 50 million on January 17, 2015 to an account in the name of each of the instant corporations.

[Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings

2. Determination

A. The fact that the defendant and E comprehensively transferred the entire business of the "C" of an individual enterprise to the corporation of this case is as seen earlier.

In addition, the following circumstances, which are acknowledged by comprehensively considering the evidence and the purport of the entire pleadings as seen earlier, namely, ① the Defendant “a loaning the advance as it would be repaid with the whole construction after the whole production.”

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