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(영문) 의정부지방법원 2016.04.28 2015가합54582
손해배상(기)
Text

1. The lawsuit of the plaintiff A shall be dismissed.

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

3...

Reasons

1. Presumed factual basis

A. The party status 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”)

(2) The Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established for the purpose of housing construction and sales, etc., Defendant E is the real owner of the Defendant Co., Ltd., and Defendant D is the internal director of the Defendant Co., Ltd.

B. Defendant E, on October 22, 2002, indicated in the separate sheet 1 and 2 (hereinafter “instant apartment site”) from Nonparty F on October 22, 2002.

(2) Defendant E concluded a contract to purchase KRW 5,000,000, and paid KRW 5,000,000 for the down payment. The F agreed to return the down payment, but Defendant E agreed to pay the cost of the already completed design service, on November 19, 2002. Defendant E set up the Defendant Company as the executor of the new apartment construction project on December 26, 2002.

3) Around 2003, Defendant E agreed to transfer the above apartment construction business right to the Plaintiff Company that Defendant E is a shareholder of Plaintiff B, and Plaintiff B agreed to pay a reasonable amount of profit to Defendant E. Accordingly, Defendant E and F rescinded rescinded the above sales contract, and Plaintiff B entered into a contract to purchase the instant apartment site from F on May 6, 2003 to F on the same content as the contents of the above paragraph (b). Plaintiff B borrowed KRW 500,000,000 from Defendant E, but borrowed KRW 500,000,000 from Defendant E on March 5, 2003 as well as KRW 50,00 from Defendant E on the apartment site.

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