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(영문) 울산지방법원 2015.01.16 2013가단27649 (1)

제3자이의

Text

1. The defendant's law firm's original ratio to C is based on the No. 455 of the 2009 deed, which was prepared by the original ratio.

Reasons

1. Facts of recognition;

A. On September 28, 2005, the Plaintiff issued and delivered a receipt to verify that D received the said money to the Plaintiff on July 28, 2005, by requesting D to make an investment in necessary funds in purchasing land and buildings located in Ulsan-gu E, Ulsan-gu, and invested KRW 150,000,000 from July 12, 2005 to September 27, 2005.

B. D Co., Ltd. (hereinafter “Nonindicted Company”) was established jointly with F on February 2, 2009, and F owned 3,500 shares out of 5,000 shares of the non-party company, and D owned 1,500 shares out of 5,00 shares of the non-party company. On the same day, F decided to represent the non-party company externally while taking office as a director of the non-party company, and D was appointed as auditor of the non-party company.

Since then, the non-party company was engaged in the business of collecting and selling scrap iron.

C. Upon D’s request, the Defendant lent a total of KRW 45,00,000 to D from June 11, 2009 to August 15, 2009, and D used the said money as business funds of the non-party company.

On June 15, 2009, the Defendant issued a cash custody certificate to the effect that “the Defendant would return KRW 50,000,000” with respect to the above loan from D until July 17, 2009, and on the same day, the notary public was issued and delivered a notarial deed of a monetary loan agreement for consumption (hereinafter “instant notarial deed”) with the loan amounting to KRW 50,000,000 with the loan amounting to KRW 4555 in 2009 as the loan amounting to KRW 50,00,000, the due date for payment on July 17, 2009, with the Non-Party Company F’s director.

G between F and F on July 12, 2011, "the place of business of this case" is "the place of business of this case in the Nam-gu, Ulsan-gu.

B. A contract was concluded with F to sell KRW 120,000,000 to F; thereafter, the instant workplace was transferred to F; however, F paid only KRW 30,000,000 to G after paying only the down payment, and F did not pay KRW 90,000,000 for the remainder of the purchase price.

E. D paid KRW 100,000,000 to the Plaintiff around 2009, and thereafter paid KRW 50,000 to the Plaintiff.