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(영문) 서울중앙지방법원 2019.04.26 2017가합548935

채무부존재확인

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1. Of the lawsuit of Plaintiff B, the part of the claim against the Defendants for the confirmation of existence of each obligation against the Defendants is dismissed.

2...

Reasons

1. Basic facts

A. Status of the parties 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

2) The G Trade Complex in Daegu-gu (hereinafter “instant Trade Complex”) is a company whose main purpose is civil engineering, construction, etc., and which is the G Trade Complex in this case.

Defendant D Co., Ltd. (hereinafter “Defendant D”) to construct the building and recover the construction cost, etc.

(2) The Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) is a company entrusted by Plaintiff A and Defendant D with the instant trading complex building in accordance with the real estate security trust agreement.

3) Defendant C Co., Ltd. (hereinafter “H”) changed from March 20, 2014 to the present trade name;

Defendant C refers to “Defendant C” before and after the change.

(4) The Defendant D is a company with the main purpose of conducting installment financing business, credit loans, or secured loan business, and extended loans to, or received management fees from, a company with the main purpose of operating and managing the sales facility related to automobiles. The Defendant D performed all business of operating the instant sales complex.

B. On September 25, 2012, Defendant C entered into a business partnership agreement with Defendant D, which contains a business partnership agreement between Defendant C and the content that “in the event that a second or second or second or high-ranking trader who moved in in the instant trading complex receives a loan of funds for the purchase, the right to operate the funds for the purchase is exclusively provided to Defendant C” (hereinafter “instant business partnership agreement”).

The main contents of the instant business partnership agreement related to the instant case are as shown in attached Form 2.

C. Although the relationship between Defendant D and I, Inc., and Defendant D and I, Inc., on the records of the instant case, are unclear, the following circumstances, i.e., Defendant D (S. director K).