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(영문) 서울중앙지방법원 2013.10.31 2013가단21121

이자

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. While Defendant C, D, and E (hereinafter, Defendant C, et al. and two other, Defendant C, et al.) were seeking to remove a street-based commercial building on the ground of 4,194m2 in Dongdaemun-gu Seoul, Dongdaemun-gu and to construct and sell a new main complex building (hereinafter, the development project in this case), they requested the Plaintiff to participate in the said development project, which was known by the broker D as a building sale building. The Plaintiff and the two other parties, et al. concluded a business agreement on April 15, 2009 (hereinafter, the instant business agreement) with respect to the development project in this case, they acquired G Co., Ltd. as a corporation to promote the development project in this case and changed their trade name to H Co., Ltd., and the Plaintiff was appointed as the representative director, Defendant B, E, and D as the internal director, respectively.

B. Around May 2010, the Plaintiff and Defendant C et al. were to establish a project financial investment company with which tax deduction, registration tax, and acquisition tax can be reduced by 50% as a project proprietor of the instant development project, and Defendant C introduced I well-known about the establishment procedures of the said company, and attracting an international trust company to meet 5% investment of financial institutions out of the essential minimum capital of 5 billion won in establishing the project financial investment company.

6. On 17. The investor agreement on the establishment of L Co., Ltd. (hereinafter “Non-Party Company”) for the purpose of implementing the instant development project (hereinafter “the instant investment agreement”) was concluded in the name of seven persons, including the Plaintiff, Defendant B, and D’s birth J, E, and I’s wife, K, H, and International Trust Co., Ltd., and on the same day, the registration of incorporation of the non-party Company was completed, and the Plaintiff was appointed as the representative director.

C. Of the total amount of 5 billion capital of KRW 1.75 billion, the amount of investment under the instant investment agreement is KRW 1.75 billion by the Plaintiff, Defendant B, J, and K, KRW 750 million by each of them, KRW 70 million by H Co., Ltd., KRW 50 million by H Co., Ltd., KRW 250 million by the International Trust Co., Ltd., and KRW 250 million by June 4, 2010.