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(영문) 수원지방법원 2021.01.26 2019가단522082

손해배상 청구의 소

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A Co., Ltd. (the trade name was “C”) and was changed on June 10, 2009.

The plaintiff company (hereinafter referred to as "the plaintiff company") was established on January 23, 2007 with the design, construction, supervision, etc. of interior interior construction business as its business purpose. The original city Mayor applied for registration of construction business with indoor construction business, and was issued a construction business registration certificate from the original city on February 22, 2007.

B. On June 10, 2009, Plaintiff B’s wife held office as internal director of the Plaintiff Company, and Plaintiff B as representative director of the Plaintiff Company on March 2, 2010.

(c)

I completed on October 1, 2009 the registration of the transfer of ownership with respect to the instant land ① 146.68 square meters in a multi-story public restaurant with a brick sloping roof, ② 48.26 square meters in a multi-story public restaurant with a brick structure and a roof, ③ cement brick structure and a 3-story 3-story of cement Creshle, and 102.02 square meters in a multi-story or 23.47 square meters in an underground room (hereinafter referred to as the “instant building”).

(d)

On October 1, 2009, I obtained a loan of KRW 2.35 billion from Defendant E Co., Ltd. (hereinafter “Defendant E”), and entered into a mortgage agreement with Defendant E on the land and building of this case with the maximum amount of the claim amount of KRW 2.82 billion and the debtor I as the debtor I, and completed the registration of the establishment of the right to collateral security with Defendant E Bank on the same day.

E. On April 29, 201, the Plaintiff Company and the Defendant Bank concluded a credit transaction agreement between the Plaintiff Company and the Defendant Company with the credit subject as “180 million won for corporate driving loan,” “10 million won for the credit commencement date,” “180 million won for the credit extension date,” “1 year after the date of commencement of the credit extension period,” and “1 million won for the Plaintiff Company.” On the same day, the Defendant Bank paid the Plaintiff Company KRW 180 million for the said loan (hereinafter “the instant loan”), and the Defendant Bank’s loan claim against the Plaintiff Company for the said loan.