beta
Text
Defendants jointly and severally liable to the Plaintiff KRW 300,000,000, and Defendant B shall be from June 8, 2018; and Defendant C shall be from June 8, 2018.
Reasons
1. Basic facts
A. Defendant B, as the actual representative of F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), has been operating the main store in the name of Nonparty Co., Ltd. (hereinafter “instant main store”).
B. Defendant D is a person who received and operated the instant main points from Defendant B on April 2017, and Defendant C and E are investors.
C. On September 4, 2017, the Plaintiff agreed to lend funds necessary for operating alcoholic beverages to a liquor supplier on the condition that alcoholic beverages are supplied. On September 4, 2017, the Plaintiff entered into a bond transfer and takeover contract in the attached Form (hereinafter “instant bond transfer and takeover contract”) with the Defendants, and was KRW 10 million on September 4, 2017, and the same year.
9.8.5 million won, for the same year;
9.12. 50 million won, and the same year;
9. 13.10 billion won was loaned.
(hereinafter “instant loan”). 【No dispute exists on the ground of recognition” (hereinafter “instant loan”), Gap evidence Nos. 1, 2, 3, and 7, and Gap evidence Nos. 4-1 through 4, as a whole, the purport of the entire pleadings (Defendant D made a confession during a trial, with regard to Defendant B, C, and E).
2. The parties' assertion
A. Defendant B, C, and E borrowed KRW 300 million from the Plaintiff, while operating the main points of this case with Defendant D as the partnership business. The Defendants, the debtor of this case, are jointly and severally liable to pay KRW 300 million to the Plaintiff.
B. Defendant B, C, and E’s assertion 1: Defendant B did not participate in the business after the principal point of this case was transferred to Defendant D. The loan of this case was borrowed from the Plaintiff by Defendant D, and Defendant C, C, and E merely affixed documents as it is necessary for the principal to loan the main operating fund. 2) Defendant C, and E are merely the investors in the main point of this case, and they are not in the status of the principal debtor of the loan of this case.
ⅰ The instant contract for the transfer and takeover of bonds where the non-party company, the principal debtor of the instant loan, is unable to repay the borrowed amount to the Plaintiff.