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(영문) 춘천지방법원 2016.12.07 2015가합793
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Party B Co., Ltd. (hereinafter “B”)

A) On December 2, 2003, E is the representative director, and E is the F Co., Ltd. (hereinafter “F”) on June 17, 2013.

In the same day, E also resigned from the representative director, and instead G was appointed as a new representative director, H was appointed as an in-house director on August 7, 2014. 2) G resigned from the representative director of F on August 7, 2014. After the former, I was appointed as the representative director on the same day, and then retired on January 22, 2015.

3) On January 22, 2015, F changed the trade name to the Plaintiff. On the same day, H was appointed as the representative director on the same day. 4) Meanwhile, Nonparty J was appointed as the Plaintiff’s inside director on May 9, 2012, and was dismissed on June 17, 2013. The Defendant is the wife of J (hereinafter “Defendant and J”).

B. 1) The Plaintiff, at the time of the Plaintiff’s audit and inspection, entered into a land purchase and construction contract with the Defendant husband and wife (hereinafter “instant land”). The Plaintiff is the Ulsan-gu Lack-gu, Ulsan-gu, 269.4m2 (hereinafter “instant land”).

2) The construction work of constructing urban-type residential housing on the ground (hereinafter “instant construction work”).

The decision to make a decision was made and made to make an investment to the defendant couple via E, which was the representative director of the plaintiff. Accordingly, the defendant couple's consent and 200 million won (10 million won is the money of the defendant couple, and the remainder of 100 million won is the money received by J from M.

(2) On May 18, 2012, the Plaintiff agreed to make an investment in the Plaintiff and thereafter, to receive KRW 270 million in total from the Plaintiff. (2) On May 18, 2012, the Plaintiff issued to the Defendant a copy of a promissory note with the face value of KRW 270 million with “Ulsan Metropolitan City, Ulsan Metropolitan City, Ulsan Metropolitan City N in the place of payment, and Ulsan Metropolitan City N in the place of payment” (hereinafter “the Promissory note of this case”). On May 18, 2012, the Plaintiff issued a copy of the Promissory note of KRW 300,000,000 (hereinafter “the Promissory Note of this case”) to the Defendant with the phrase of acceptance of compulsory execution based on the said Promissory Notes, No. 303, 2012 No. 303.

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