채무부존재확인
1. The plaintiffs' agreement of December 15, 2008 against the defendant and 2 billion won based on the same date of payment.
1. Basic factual basis within the scope necessary to determine the cause of the claim;
A. The status of Plaintiff B, D, E, and F as the party to the dispute (hereinafter “Plaintiff”) established the Plaintiff Company A (hereinafter “Plaintiff Company”) and decided to conduct the business of selling and operating the instant joint project after newly constructing grass loan, etc. in Indonesia G (hereinafter “instant joint project”).
Plaintiff
Companies were established as subsidiaries of Indonesia and in the process E invested in H name.
On June 29, 2007, the list of stockholders and executive officers of the Plaintiff Company was reported to the Indonesia Capital Cooperation Committee.
Plaintiff
B was the shareholder and representative director of the Plaintiff Company, and both F(Directors), D(Auditor), and H(director) were reported to the Plaintiff Company as the shareholder and executive officer.
The defendant is a company running domestic and overseas travel business, etc.
B. On November 30, 2007, the instant joint project agreement and loan agreement were newly constructed in the instant project site located in Indonesia (A, approximately 87,00 square meters), with respect to the instant joint project that was sold and operated by sale, the instant joint project agreement was concluded between the Plaintiff Company, the Plaintiff Company, the construction company and the joint and several liability company, the management company J, the management company and the trust company, the trustee company, the National Agricultural Cooperative Federation, the Plaintiff B, H, F, D, and Indonesia, which are joint and several liability companies.
On the same day, a loan agreement of KRW 40 billion was concluded between the Plaintiff Company, the Trustee Company, the National Agricultural Cooperative Federation of Korea, the Asset Management Co., Ltd., the J, Plaintiff B, H, F, D, and Indonesia K with respect to the instant joint project.
According to the instant joint project agreement and loan agreement, loans should be used as costs for the instant joint project, such as purchase costs of the instant project site, and a written request for execution of funds jointly signed by Plaintiffs B,F, and D at the time of withdrawal and execution of loans.
C. The amendment D of the instant joint project agreement and loan agreement, and on the ground that E did not pay the Plaintiff Company’s stock price, the instant case on January 21, 2008.