손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant C is the husband of Defendant A, the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Company”), who actually runs the Defendant Company, and the Plaintiff is the infant of E.
B. Upon the request of Defendant C to lend money, the Defendant Company set the maturity of KRW 120 million to E on January 31, 2012 and lent the amount of KRW 120 million on February 15, 2012.
(hereinafter “instant loan”) C.
On December 30, 2011, the defendant company entered into a joint agreement with the F Co., Ltd. (representative G) on the construction project of the Hdong-dong collective housing, and decided to invest KRW 1.3 billion in F Co., Ltd.
E invested money in relation to the said new construction project to G, but did not receive 120 million won.
In the above circumstances where claims and obligations exist between E, Defendant Company, and G, according to the terms of the monetary loan agreement entered into between the Defendant Company and E at the time of the instant loan (hereinafter “instant special agreement”), in the event that E fails to repay the instant loan, the Defendant Company agreed to deduct the said KRW 120 million from the investment amount to G in relation to the said new construction project.
E. On April 30, 2012, Defendant Company: (a) drafted a written confirmation that “E did not repay the instant loan by the due date; (b) agreed with G to offset and pay KRW 120 million of the instant loan out of KRW 200 million that the Defendant Company shall pay to G according to the instant special agreement; and (c) accordingly, the Defendant Company confirmed that the Defendant Company does not have any claim to E (hereinafter “instant confirmation”).
F. Meanwhile, around February 2013, Defendant C accused of the instant loan of KRW 120 million and then accused of the instant loan of KRW 120,000,000,000, Defendant C filed a criminal complaint, and E was prosecuted for fraud with Seoul Southern District Court 2014Kadan3778 and was charged on June 24, 2015.