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(영문) 창원지방법원통영지원 2016.10.19 2016가단20311

투자 대여금 반환 등

Text

1. Defendant B’s KRW 131,990,80 for the Plaintiff and KRW 5% per annum from June 2, 2016 to October 19, 2016.

Reasons

1. Basic facts

A. On April 29, 2014, D Co., Ltd. (hereinafter “D”) was a corporation established with Defendant B’s representative director, E’s in-house director, and Plaintiff’s type F as an auditor for the purpose of vessel vessel processing business, and was a subcontractor of G.

B. At the time of the establishment of D, the Plaintiff worked as a general manager and worked at the ship processing site after the establishment, and the Defendant B was acquired by D around November 2014, and discontinued the operation of D.

C. On September 4, 2014, Defendant B completed the registration of ownership transfer on the grounds of sale on August 6, 2014 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

After November 11, 2014, Defendant B sold the instant real estate to Defendant C in KRW 370,000,000 (hereinafter “instant sales contract”) and on November 25, 2014, Defendant C completed the registration of ownership transfer on the said real estate under Defendant C’s name.

On September 4, 2014, the Industrial Bank of Korea was the mortgagee of a mortgage, and the establishment registration of a mortgage of KRW 252,00,000,000 was completed on September 25, 2014, and on September 25, 2014, the establishment registration of a mortgage of KRW 24,000 with the maximum debt amount of KRW 252,00,000,000 was revoked on November 25, 2014, when the owner changed the ownership to Defendant C, the establishment registration of a mortgage of KRW 300,00,000 was completed on November 25, 2014.

【Fact-finding without a dispute over the grounds for recognition, Gap evidence 3, 13, Eul evidence 1, witness H's testimony, the purport of the whole pleadings

2. The parties' assertion

A. Upon Defendant B’s request, the Plaintiff loaned KRW 140,592,80,00 in total from April 11, 2014 to June 3, 2014 to Defendant B’s lending of necessary funds.

Therefore, Defendant B’s above KRW 140,592,80 and this is related to the Plaintiff.