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(영문) 청주지방법원 2015.04.16 2014가합496

대여금

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. C Co., Ltd. (hereinafter referred to as “C”), and the Plaintiff’s representative director from December 29, 2003 to June 3, 2005, and thereafter, was in office as an auditor) was changed from the petitioner Gun to the petition district at the Cheongju-si in 2002.

D, E, and F’s land (divided in G, D, and H and changed as above; hereinafter “instant apartment site”) was approved and carried out with the purpose of constructing 49 households’ apartment buildings (hereinafter “instant apartment site”) on the ground of the instant apartment site.

(hereinafter referred to as the "project right of this case". (b) The plaintiff acquired the business right of this case from the petitioner Gun after obtaining approval of the project of this case.

C On April 26, 2004, the construction work of the instant apartment (hereinafter “instant construction work”) was awarded to Defendant B for KRW 4,600,000,000 of the construction cost. On April 30, 204, the contractor of the instant construction work changed from juk development to Defendant B.

C. Around July 2004, Defendant B issued one promissory note (I; hereinafter “instant promissory note”) with the face value of KRW 130,000,000 and the due date of August 10, 2005, and delivered it to the Plaintiff. Meanwhile, the Plaintiff’s account with the name of the Defendant B’s account from July 89, 2004 to the account under the name of the Defendant B, and the same month.

8. 29,00,000 won, and the same year.

8. 24. 50,000,000 won was remitted to KRW 168,00,000.

Around June 18, 2005, Defendant B entered into a contract with Defendant B to acquire all the obligations related to the instant apartment site, and to acquire the instant business right and the ownership of the instant apartment site from C, and accordingly, C completed the registration of ownership transfer on the instant apartment site to Defendant B on June 18, 2005, and this year.

7. 19. The project undertaker of the instant project was approved by the petitioner group C to change the project plan from C to Defendant B.

(e) Trade name before the change of defendant tin: Diplomatic Co., Ltd.