beta
(영문) 서울동부지방법원 2015.12.11 2013가합17566

대여금반환

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The parties concerned are the representative director of the Plaintiff Company A (hereinafter “Plaintiff Company”).

Defendant C is the joint representative director of Defendant F Co., Ltd. (hereinafter “Defendant F”), Defendant D is the internal director of Defendant G Co., Ltd. (hereinafter “Defendant G”), and Defendant E is the internal director of Defendant H Co., Ltd. (hereinafter “Defendant H”).

In the instant apartment acquisition industry of the I Co., Ltd. (hereinafter referred to as “I”) of the instant apartment (hereinafter referred to as “I”), the executor and the Seoul Gwangjin-gu Seoul Special Metropolitan City J apartment was participating in the construction project and completed the construction of the building. On January 2012, 16 of the apartment of this case (hereinafter referred to as “instant apartment”).

I purchased the instant apartment at a low price and sold it at the arm’s length price (hereinafter “the instant apartment project”). On February 2, 2012, I purchased the instant apartment in KRW 13,300,623,00.

I borrowed KRW 1 billion from K to pay the purchase price, and received the registration of ownership transfer for the instant apartment on March 16, 2012 from the Promotion Savings Bank Co., Ltd. (hereinafter referred to as the “Promotion Bank”) and the Yong-Nam Savings Bank Co., Ltd. (hereinafter referred to as the “Ynam Bank”) with each of the instant apartment loans of KRW 9 billion from the Promotion Savings Bank Co., Ltd. (hereinafter referred to as the “Promotion Bank”).

I signed a real estate security trust agreement with the K non-real estate trust company (hereinafter referred to as "K non-trust") on March 16, 2012, and made a trust registration of the apartment of this case to the K non-trust on the same day.

L, the first representative director of the contract for the sale of real estate between I and Defendant F, had experienced financial difficulties in the course of financing costs, such as the payment of interest to the Promotion Bank and Yong-Nam Bank, etc., the instant project is jointly conducted with the Plaintiff B conducting the real estate sale business.