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(영문) 창원지방법원밀양지원 2017.09.29 2016가합10468
투자금반환
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 31, 2004, the Defendant received a contract with D (hereinafter “D”) for the new construction and appurtenant construction of a charnel house on the ground outside E and three parcels of land (hereinafter “instant charnel house”).

Before and after this, D borrowed a total of KRW 2.2 billion from the Defendant as the necessary funds in addition to the construction cost of the instant charnel, and F jointly and severally guaranteed the above loan obligations. D agreed to set the total amount to be paid to the Defendant as KRW 23.4 billion by aggregating the above construction cost, the loan and the completion compensation, and to pay it as the sale price of the instant charnel.

Since July 13, 2005, D agreed to pay a total of KRW 30 billion to the defendant by adding the agreed amount to KRW 5.5 billion on the ground of additional construction cost, etc. with the defendant.

B. The Defendant completed the new construction of the instant charnel on March 1, 2006, and D obtained the approval for the use of the instant charnel from the smuggling market on March 16, 2006.

C. On May 2, 2007, D completed the registration of transfer of ownership based on donations on April 26, 2007 with respect to the instant charnel and its site to a director with the power of representation of F and a foundation corporation G (hereinafter “H”), each of which Plaintiff B was working as a director, which was a foundation (hereinafter “H”), and completed the registration of transfer of ownership with respect to the instant charnel and its site, and H changed the establishment and manager of the instant charnel on May 18, 2007.

Furthermore, on October 31, 2007, H agreed with the Defendant to succeed to the status of D under all the above agreements entered into between D and the Defendant.

The Defendant filed a lawsuit against H and F with the Busan District Court 201Gahap3165, and filed a lawsuit against H and F to seek an unpaid amount from the above court on April 20, 2011, with "the Defendant; H shall be 20% per annum from February 26, 2011 to the date of full payment; H shall be 539,457,900 out of the above 10 billion won jointly and severally with H; and F shall be 9% per annum from August 31, 2004 to April 20, 201.

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