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(영문) 의정부지방법원 2018.12.12 2016가합51832
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) Five companies, including E, F, G, H, and I, are Article 2 of the Small and Medium Enterprises Promotion Act (Amended by Act No. 13095, Jan. 28, 2015);

6. The term "cooperative movement" means that several small and medium entrepreneurs jointly cooperate with each other, as follows:

Grouping factories or any other business premises together;

(b) A person who intends to establish and operate a practical cooperation plan in accordance with the cooperative movement standards under Article 29 (Approval for Practical Cooperation Plan) (1) shall obtain approval from the Administrator of the Small and Medium Business Administration;

(1) The Small and Medium Business Corporation shall be established to efficiently perform business activities for promoting small and medium enterprises.

(1) The Small and Medium Business Corporation may perform the following business activities or support such business activities:

7. Promotion of cooperative movement projects, acquisition of land, buildings, facilities, etc. for cooperative movement projects, development of industrial complexes, or installation, lease and transfer of common facilities. Article 83 (Delegation and Entrustment of Authority) (2) The duties of the Administrator of the Small and Medium Business Administration under Articles 29, 37, 38, and 40 may be entrusted to the Korea Federation of Small and Medium Business or the Small and Medium Business Corporation,

On June 3, 2015, in order to build a joint logistics warehouse and a joint processing factory as a result of the cooperative movement project, Defendant B Co., Ltd. (Co., Ltd. before the change: hereinafter “Defendant Company”) was established.

Defendant D, one of the shareholders of the Defendant Company, was the auditor of the Defendant Company, leading the establishment of the Defendant Company and the conclusion of the construction contract regarding the “J Cooperation Project Warehouse and New Construction of Manufacturing Facilities” as seen below.

B. Defendant Company: (a) June 18, 2015.

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