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(영문) 서울중앙지방법원 2016.05.27 2015가단54569
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1, Gap evidence 3, Eul evidence 1, Eul evidence 4, Eul evidence 7, Eul evidence 7, and Eul's testimony, and the whole purport of the arguments as a whole.

Around September 2014, C planned to acquire the shares and the right of management of the non-party company D (hereinafter referred to as "non-party company") from the non-party E and two others, the actual owner of the non-party company D (hereinafter referred to as "non-party company"). Since it is impossible to directly acquire the shares and the right of management of the non-party company due to his credit problems, C borrowed the name of the defendant who was the representative of the F when he was in prison and became aware of the same prisoner at the time of prison, and obtained the consent of E

B. Accordingly, on September 22, 2014, the Defendant entered into a “contract for acquisition of stocks and management rights” with the content that the Defendant would take over the stocks and management rights of the non-party company from the non-party company to the non-party company in KRW 800,000,000.

C. On September 23, 2014, G of the Defendant’s representative G was registered as a director and a representative director in the corporate register of the non-party company, and F was registered as a director in the corporate register of the non-party company on the same day.

On October 1, 2014, the Plaintiff remitted KRW 100,000,00 to the account of a financial institution of the non-party company. On the same day, the Plaintiff (representative G) was drafted as the creditor, the non-party company (representative G) as the debtor, and the Defendant (representative G) as the joint guarantor (representative G) as the creditor.

2. Summary of the parties’ assertion

A. The Defendant is obligated to pay the said money to the Plaintiff as a joint and several surety of the Plaintiff’s loan of KRW 100,000,000 (hereinafter “instant loan”) on October 1, 2014 to the Nonparty Company (hereinafter “the Plaintiff’s position”); and from the standpoint of the Defendant and the Nonparty Company, “the instant loan”).

Dor, using the name of the defendant's management director, is the defendant.

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