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Reasons
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(영문) 전주지방법원 2016.07.20 2015가합5414
채권조사확정재판에 대한 이의의 소
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1. The Jeonju District Court shall authorize the final claim inspection judgment of 2015 Preamble12 dated October 21, 2015.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. (1) The Defendant’s father C was introduced the Plaintiff’s representative director G through Dong G around December 201, while operating a public fish plantation, “E” located in YUD, Jeonnam-gun.

(2) G decided to invest in the aquaculture in consultation with C, and the Plaintiff paid C totaling KRW 1.9 billion on several occasions from January 2012 to April 2012.

(3) On January 19, 2012, C borrowed KRW 400 million from the Plaintiff (hereinafter “instant loan”). The Defendant jointly and severally guaranteed C’s obligation for the instant loan (400 million).

B. The investment arrangement C between the Plaintiff and C: (a) brought KRW 1.5 billion out of KRW 1.9 billion received from the Plaintiff; (b) purchased a privately-owned fish farm with the Plaintiff’s share, and entered the E-type; and (c) entrusted the Plaintiff with the public-owned fish farm with the Plaintiff’s share in the Plaintiff’s own aquaculture.

On June 19, 2012, the Plaintiff and C drafted an investment contract and a consignment contract with the following contents in order to documentize the above agreement, and the Defendant jointly and severally guaranteed the obligation of C under the investment contract.

Investment Contract

1. C with the authorization of the Plaintiff, purchases 50 kilograms (1.5 billion won in total) corresponding to the Plaintiff’s shares in the Republic of Korea and makes a snick snivek;

2. C confirms that a domestic purchase of snivek snivek 27,00 Snivek snivek snivek 27,00 s in combination with C’s shares.

3. C and the Plaintiff’s joint purchase snivek snivek snivek from E Snives operated by C under the responsibility of C, but the fee for both delivery facilities should not be paid separately.

4. The burden of common expenses (such as personnel expenses, fuel expenses, electricity expenses, feed expenses, medicine expenses, and other management expenses) received only the amount under the above three paragraphs (3) and the distribution of the shipment amount shall be the settlement key on the basis of the respective shares;

5. Omission.

6. Omission 7.

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