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(영문) 서울중앙지방법원 2017.09.01 2016가합519084

채무부존재확인

Text

1. By an agreement between the Plaintiffs and the Defendants on January 5, 2016:

A. The plaintiff A's defendant C.

Reasons

1. Basic facts

A. The pertinent Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) of the parties is a corporation engaging in business, such as real estate development, etc., and ordered by Disposition 2-A.

The Plaintiff is the representative director of the Plaintiff Company, and the Defendants are those who provided money to the Plaintiff Company in relation to the said business. The Plaintiff is the representative director of the Plaintiff Company. The Defendants are those who provided money to the Plaintiff Company in relation to the said business.

B. The Plaintiff B, the representative director of the Plaintiff Company, made an investment agreement, etc.: (a) around June 13, 2014, with Defendant C, and the Defendant C, made an investment of KRW 800,000,000 from Defendant C, and made payment of the total amount of the investment principal within one year from the date when the investment amount was paid (Evidence 2-1); (b) around June 10, 2014, Defendant D, made an investment of KRW 200,000 from Defendant D, and paid the investment amount of KRW 40% per annum of the investment principal within one year from the date when the investment amount was paid; and (c) an investment agreement to pay the Defendant D the total amount of the investment principal (Evidence 2-2, 200,000, hereinafter referred to as the “instant agreement”).

2) Each written set of the Plaintiff Company: (a) Defendant C paid KRW 800,000,000 on June 13, 2014; (b) Defendant D paid KRW 500,000,000 on December 13, 2013; and (c) Defendant D paid KRW 700,000,000 on June 10, 2014, respectively.

(hereinafter referred to as “the instant money” in total).

Defendant D’s application for provisional attachment of Defendant D’s claim for ownership transfer registration is based on the amount of KRW 700,000,000 paid pursuant to the instant agreement, etc. and damages for delay thereof as preserved bonds. Defendant D applied for provisional attachment on the Plaintiff Company’s claim for ownership transfer registration against the Korea Land and Housing Corporation regarding the instant land, and received a decision of provisional attachment on November 25, 2015.

The preparation of the instant agreement and partial repayment by the Plaintiff Company 1.