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(영문) 제주지방법원 2013.08.29 2011가합2735
채무부존재확인
Text

1. On February 12, 2010, the Plaintiff issued at a par value of 4 billion won and payment date to the Defendant on May 11, 2010.

Reasons

1. Facts of recognition;

A. The Plaintiff (1) is a corporation that runs a tourist hotel business and casino business in each real estate listed in the separate sheet (hereinafter “each real estate of this case”) as indicated in the separate sheet, regardless of whether the change was made or not.

(2) The defendant is a corporation running the housing site development business, etc., and D is responsible for the representative director, E is the chairperson, chip F is the vice-chairperson, and G is the former. G is the representative director of H (hereinafter “H”) who is an affiliated company of the defendant.

B. Around 2009, the Plaintiff Company acquired the Plaintiff Company by purchasing the Plaintiff Company’s shares with the acquisition funds raised by the first borrowing (1) and the first borrowing of funds and the first borrowing (7 billion won) by borrowing from K, a bondholder, from K.

The J served as the representative director of the Plaintiff from August 2009 to August 201, 201, and I used the Plaintiff’s position as the president of the Plaintiff Company, while exercising overall control over the management of the Plaintiff Company with J, and the J served as the representative director of the Plaintiff from June 201 to August 201.

(2) On November 26, 2009, J, while demanding K to pay the above borrowed amount, sought the Defendant Company together with L, K, and Plaintiff Company’s employees M, and borrowed KRW 1 billion from Defendant, E, and G.

(hereinafter “first loan” or “first loan”). E, at the time of the first loan, took up a cashier’s check of KRW 900,000,000, which remains after deducting the amount of KRW 100,000 from the J’s side, and J received the cashier’s check of KRW 200,000,000,000, which remains KRW 70,000,000 from the remainder, was received by K.

(3) On January 10, 2010, the Plaintiff acquired a company’s operating capital equivalent to 19 billion won through capital increase with capital increase, and on January 12, 2010, the Defendant Company’s representative director D total face value.

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