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(영문) 대구지방법원 2016.07.12 2015가단35321
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was from June 21, 2012 to April 23, 2013, the Plaintiff lent a total of KRW 47,00,000 to the Defendant Company at the request of actual operator E and in-house director D of the Defendant Company, a trade name, prior to the change of the Defendant Company. However, the Plaintiff was paid KRW 15,00,000 until now.

E and D have prepared a letter of payment agreement and a letter of payment as a joint and several surety for the defendant company's obligations with respect to the above loan.

2. In light of the following facts acknowledged by comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 4 and No. 1 of the judgment as to the cause of the claim No. 1 to No. 4 and the whole purport of the pleading No. 1 of the evidence No. 1, 2, and 4, it is insufficient to recognize that the defendant company is jointly and severally liable to repay to the plaintiff except for E and D, and there is no other evidence

① On June 22, 2012, when a transfer of KRW 10,00 from an account in the name of F to “Korea” is made.

② The transfer of KRW 15 million from an account in F’s name to “C of the Nonghyup Stock Company” is July 20, 2012.

③ Co., Ltd. was established on December 12, 2013.

④ The letter of payment prepared by E on January 27, 2014 is only written in E’s signature, and the representative director of E at the time of the preparation of the said letter of payment was H.

⑤ From January 15, 2014 to February 26, 2015, H was the representative director of the Dispute Resolution Co., Ltd., and on May 22, 2015, H was appointed as the representative director on the date when the trade name of the Dispute Resolution Co., Ltd. was changed to B.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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