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(영문) 대전지방법원서산지원 2016.08.25 2015가합51370

청구이의

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) was established July 4, 201 to purchase the land located in Seosan-si C (hereinafter “instant land”) and build and sell a building on the said land (hereinafter “instant project”).

At the time of establishment, the representative director was D, but resigned on October 19, 201, and the plaintiff B was appointed as the representative director on the same day.

B. E deposited KRW 10,00,000 on June 30, 201, KRW 80,000 on July 1, 2011, and KRW 10,000,000 on July 27, 2012 in the name of “C”, which is the husband, deposited KRW 4,00,000,00 in the passbook, and D again remitted this to the passbook of the Plaintiffs.

E paid KRW 15 million on December 21, 201, and KRW 15 million on December 23, 2011 to D in cash, and D again remitted this to the Plaintiff’s passbook.

E transferred the amount of KRW 6 million to the appraiser G designated by the plaintiffs on July 31, 2012.

C. H paid to D in cash KRW 1 million on June 22, 2011, and deposited KRW 9 million in the passbook.

H deposited KRW 10 million as the passbook of June 23, 201, and deposited KRW 60 million on November 17, 201 in the Plaintiff’s passbook under the name of husband, the husband, and deposited KRW 2.5 million as the passbook of December 19, 201, and KRW 12.5 million as the Plaintiff’s passbook of December 19, 201, respectively, on December 19, 201, and deposited KRW 12.5 million as the Plaintiff’s passbook of December 19, 201.

D paid to the plaintiffs the money they received. D.

On December 30, 2013, the Plaintiffs issued to E a promissory note with a face value of KRW 221 million, the due date, the payment date, the date of issuance December 30, 2013, and the date of issuance, and the date of issuance and payment, and a notary public prepared and issued a notarial deed with a law firm No. 10495 as Seoul Central Code No. 2010,000, the date of issuance, and the date of payment. The Plaintiffs issued a promissory note with a face value of KRW 11250,00,000, the date of issuance, and the date of payment to H as Seoul Central Code No. 10493, Dec. 30, 2013. The Plaintiffs issued the said promissory note with a notary public as Seoul Central Code No. 10493, Dec. 30, 2013.