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(영문) 대구지방법원 2017.03.22 2016나310150
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a merchant bank specializing in loans, which operates installment financing business, facility leasing business, etc., and D Co., Ltd. (hereinafter “D”) is a specialized company specializing in camping car manufacturing.

B. On September 21, 2012, the Plaintiff and D entered into a business partnership agreement with a view to strengthening the Plaintiff’s attraction of goods and promoting D’s sales capacity by introducing a camping car produced by D to the Plaintiff’s lessee of the leased goods.

C. On May 22, 2013, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a financial lease agreement with Defendant B and C, under which D’s joint and several sureties, set the vehicle amount of KRW 82,50,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

(hereinafter “instant lease agreement”). D.

The Defendant Company signed and sealed the vehicle receipt column at the bottom of the application for the instant lease agreement (No. 1 No. 3), and the Plaintiff paid the lease amount to D, but at the time, the instant camping car was not yet produced and thus was not actually delivered to the Defendant Company.

E. Accordingly, the Plaintiff asserted that D incurred damages due to the Plaintiff’s breach of its duty under the above business partnership agreement, and filed a lawsuit against D and its representative director F (Tgu District Court 2014Gahap20105). On July 3, 2014, the Daegu District Court rendered a ruling to recommend reconciliation to the effect that D and F jointly paid damages to the Plaintiff for KRW 405,259,560 and KRW 405,135,288 among them, and the said ruling to recommend reconciliation became final and conclusive on July 25, 2014.

F. Thereafter, the F was prosecuted on May 29, 2015 for committing a crime, such as deceiving the Plaintiff and receiving financial leases for camping car production expenses, and the F was convicted on May 29, 2015 [Tgu District Court 2014 high-priced 443, 2014 high-priced 458 (Merger), 2014 high-priced 459 (Merger);

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