(영문) 서울동부지방법원 2016.08.17 2015가단34568

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(영문) 서울동부지방법원 2016.08.17 2015가단34568

대여금

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1. The Defendants jointly share KRW 150,000,000 with respect thereto to the Plaintiff and the period from November 1, 2014 to September 8, 2015.

Reasons

1. Judgment on the plaintiff's claim

A. Under the trade name of “D,” the Plaintiff is engaged in manufacturing, drawing, and retail business of clothing. The Defendants, as married couple, are engaged in the manufacturing business of clothing with the trade name “E” (However, the business registration was made in the name of Defendant B), and the Defendants have manufactured and supplied the clothing products to the Plaintiff since several years.

around January 2013, Defendant C requested the Plaintiff to lend money to the Plaintiff for the study expenses of ASEAN, and the Plaintiff, as a loan, is the Defendant B’s account used for the operation of “E”, and the same year.

2. 25.50,000,000 won, and the same year.

6. 7.10,000,000 won, and the same year.

7.1. 50,000,000 won, and the same year;

7.17. 5,00,000 won, and the same year.

8. June 20,00,000 won, total of 150,000,000 won was deposited.

(2) On February 16, 2015, Defendant B prepared and delivered each of the above KRW 150,000 to F, an agent of the Plaintiff in relation to the performance of the loan of this case (hereinafter “instant loan”). Defendant C prepared a deposit agreement as shown in the separate sheet on August 31, 2013, and signed and sealed Defendant B’s seal (hereinafter “instant deposit agreement”); Defendant B prepared and executed each of the documents as shown in the separate sheet (Evidence 3, hereinafter “instant letter”) (hereinafter “instant deposit agreement”) as shown in the separate sheet on February 16, 2015, but the Defendants did not perform all of the contents of the instant deposit agreement and each of the separate sheet (the agreement and each of the instant letter are written “D”).

[Based on the recognition] Evidence Nos. 1 through 3, Evidence No. 12, Evidence No. 20, Evidence No. 21 (including each number), witness F's testimony, the purport of the whole pleadings

B. As seen earlier, in full view of the relationship between the Plaintiff and the Defendants, the purpose and background of the use of the instant loan, the details of the instant loan agreement and the letter, etc., the Defendants jointly borrowed the instant loan from the Plaintiff.

(c).

유사 판례

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