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(영문) 서울남부지방법원 2017.12.21 2017나55464
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On April 2013, the Plaintiff entered into a contract with the said company to purchase D&D used cars owned by the said company. On April 27, 2013, in order to pay the purchase price of the said vehicle, the Plaintiff entered into a loan agreement with the Nonparty Hyundai Capital Co., Ltd. by setting loans of KRW 29,900,000 at an interest rate of 25.40 per month for 36 months, on the basis of the brokerage of Defendant B Co., Ltd. (hereinafter referred to as Defendant Co., Ltd.) to pay the purchase price of the said vehicle.

B. Hyundai Capital: (a) on April 27, 2013, as stipulated in the above loan agreement, remitted the above loan to the Defendant Company, a partner company, to pay the purchase price for a motor vehicle; (b) the Defendant Company is the E account that requested purchase in installments on April 26, 2013, which is the day immediately preceding the date of the loan; (c) Defendant C, an employee of E, requested the lending; (d) the J remitted the above loan to G; and (e) G used the said loan as the operating fund of F (hereinafter referred to as “F”).

C. As the Plaintiff did not repay the principal and interest of loan after August 20, 2013, the Plaintiff remains 29,381,125 won (the principal and interest of loan KRW 28,172,007) as of September 26, 2013, and the judgment became final and conclusive that Hyundai Capital is liable for the Plaintiff to pay the principal and interest of loan in a loan lawsuit against the Plaintiff.

On the other hand, the plaintiff was the F's representative director at the time of the conclusion of the above loan contract, and F was actually operated by H and G's punishment.

[Ground of recognition] Facts without dispute, Gap 1 through 16 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff’s assertion G embezzled the loan without the Plaintiff’s consent. The Defendants, even though they were well aware of the fact that the instant automobile was a false article with no actual existence, cooperate in the loan procedures so that G may receive the loan and use it at will, thereby allowing the Plaintiff to use it at will.

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