(영문) 서울중앙지방법원 2015.07.22 2015나1719

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2015.07.22 2015나1719

대여금

Text

1. The defendant's appeal and the request for return of provisional payment are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed by the defendant.

Reasons

1. Basic facts

A. On May 22, 2007, the Plaintiff transferred KRW 70,000,000,000 on December 29, 2006, to the account of C (the corporate registry of the non-party company was registered as the representative director of the non-party company on February 27, 2006) where the representative director of the non-party company B (the corporate registry of the non-party company was appointed as the representative director of the non-party company on February 27, 2006, and simultaneously resigned on May 21, 2007, when he was appointed as the co-representative E of the non-party company as well as the co-representative of the non-party company on May 21, 2010.

B. Since then C shall pay 20% of the monthly interest from December 29, 2006 to March 29, 2007 to the Plaintiff, and shall keep 30,000,000 won to the Plaintiff.

“A evidence No. 7-1)” and “from January 17, 2007 to April 17, 2007, custody of KRW 40,000,000 shall be made and delivered in the name of the non-party company in the name of the non-party company, and after the name of the non-party company was changed to “stock company D,” the non-party company shall again pay 20% of the monthly interest to the plaintiff from December 29, 2006 to December 31, 2009, and keep KRW 30,000,000 to the non-party.

“The cash custody certificate (A No. 1-1) and the cash custody certificate (A-2) stating that “The monthly interest shall be paid in 20% from January 17, 2007 to December 31, 2009, and the custody of KRW 40,000,000 shall be made in the name of the non-party company” are prepared and delivered in the name of the non-party company, and all the seals of the non-party company’s name are affixed to each of the above cash custody certificates.

C. C from February 12, 2007 to December 9, 2009, remitted total of KRW 13,260,000 from the Plaintiff’s personal account to the Plaintiff’s account over 13 occasions.

On the other hand, the defendant divided the part of the electrical construction business of the non-party company on October 18, 2010.

[Reasons for Recognition] 1-1, 2, 5, 6, 1-1, 2-2, 8, 10, 4-2, 5, 5-6, 1-1, 2-1, 5, 6-1, 2-1, 3-2

2. Determination on the cause of the claim

A. The Plaintiff asserted the parties 1. The Plaintiff as above.

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