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(영문) 부산지방법원 2018.10.16 2017가단331633
대여금
Text

1. The Plaintiff:

A. Defendant E and F jointly carry out gold KRW 40 million and those related thereto from September 21, 2015 to December 9, 2017.

Reasons

1. Facts of recognition;

A. The party status A Co., Ltd. is a company established for the purpose of manufacturing chemical machinery and machinery, etc., and Defendant E was an auditor of A Co., Ltd., and Defendant G was registered as an internal director of A Co., Ltd from August 31, 2015.

Defendant F is the spouse of Defendant E.

B. (i) In order to lend money to Defendant E through the short-term loan system provided to executives and employees of a company, A Co., Ltd., on September 21, 2015, concluded a monetary loan agreement with Defendant F, his/her wife, as follows, and remitted KRW 40 million on the same day.

Loans: The F Lending period: The interest from September 21, 2015 to March 20, 2016: 2% per annum 2% Sheet A Co., Ltd. entered into a monetary loan agreement with the Defendant G that was registered as an internal director on October 30, 2015 and remitted KRW 30 million per annum.

Loans: G loan period: From October 30, 2015 to April 29, 2016: 2% per annum.

C. Change A Co., Ltd., which was a party, commenced rehabilitation proceedings with Busan District Court 2017 Ma1007, and was appointed as a joint manager on June 30, 2017 by B and C, and on April 2, 2018, D was declared bankrupt with Busan District Court 2018Hahap104 on April 2, 2018 and was appointed as a trustee in bankruptcy.

On September 10, 2018, the bankruptcy trustee of A, a bankrupt corporation, took over the instant lawsuit by B and C, a joint management of the rehabilitation debtor A, on which the instant lawsuit is pending.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 1-5, Gap evidence 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of the judgment on the cause of the claim, the plaintiff's joint management agent B and C of the plaintiff's rehabilitation debtor A corporation, the bankrupt trustee D of the bankrupt corporation.

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