위약금 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 6, 2006, the Plaintiff and Indonesia C, a member of the Indonesia, transferred the ownership of the project site to D local subsidiary of Indonesia (hereinafter “D”), and the Plaintiff transferred 30% of their issued shares to C, and assigned the construction work of Heartia to C.
B. The original trade name of the Defendant, an asset management company, was K and changed to the current trade name on December 1, 2016. Around February 2007, “E” fund was established, and was entrusted to F Bank by creating KRW 25 billion. The F Bank loaned the said money to the Plaintiff, and the Plaintiff again lent the money to D.
C. As conflict occurred between the Plaintiff and C due to the issue that C does not disclose the details of the use of the construction cost, and the construction cost was insufficient, the Plaintiff and D requested additional loans and the Defendant created “G” fund 30 billion won on January 15, 2008, thereby allowing the Plaintiff to obtain a loan through the F Bank on January 15, 2008.
Since then, the conflict between the Plaintiff and C on the transfer of ownership and tax issues of the instant project site, disclosure of the content of the building permit, etc. has continued, and on July 15, 2008, the Plaintiff filed a complaint against C with the suspicion of embezzlement, fraud, etc.
On the other hand, around November 30, 2007, the defendant created a fund of KRW 40 billion to invest in the local H development project in Indonesia, which was promoted separately by C, and loaned the loan to the I Co., Ltd. operated by C through the F Bank, the trustee.
C Around July 11, 2008, on the advertisement that he owns and operates J Hep Loans while holding the H sale briefing session, and the Plaintiff and D interfered with the sale business around October 14, 2008, thereby filing an additional complaint against C.
E. As above, conflicts between the plaintiffs, D, and C are raised, and the press report of C's corruption is made on November 14, 2008 as the proposal of Naoi C.