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(영문) 인천지방법원 2019.06.18 2018나67148
대여금
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, the Defendant, and C wished to establish a corporation D (hereinafter “D”) in order to conduct the business of installing and operating medical facilities as a partnership business.

B. On June 26, 2008, the Defendant entered into a lease agreement and established a corporation. On June 26, 2008, the Defendant: (a) the wife population E large 769.4 square meters and its ground buildings (hereinafter “instant real estate”); and (b) the instant land and the instant building where only the land and the building are referred to.

(2) On January 19, 201, the Defendant completed the registration of ownership transfer with respect to the instant real estate. (2) The term of the lease deposit for the instant real estate was set as KRW 840,00,000 and the term of the lease from January 19, 201 to December 12, 201, and the said special terms of the lease deposit were replaced by the contract deposit at the time of the instant real estate sale and the term of the lease was set as the contract deposit and the lease was concluded by setting the lease term as

On the other hand, on January 19, 201, the Defendant received KRW 840,000,000 from the Plaintiff as the deposit money, but immediately deposited KRW 840,000 to the Plaintiff on the same day after withdrawing KRW 840,00,000, and deposited KRW 240,000 to C, respectively.

3) On January 19, 2011, D had its head office as “YYE” and the registration of incorporation was completed. Around that time, the Plaintiff was appointed as the representative director of D and the Defendant was registered as D’s auditor on the entire registration matters of the corporation. On November 24, 2011, the registration of entry was completed on November 28, 201. (c) On August 1, 201, the Defendant sold the instant real estate at KRW 2,840,000,000 as the sales price and the down payment was KRW 540,000,000, the remainder payment was KRW 2,300,000,000, the remainder payment was KRW 2,200,000,000, and the Defendant’s remainder of the registration date was the Defendant’s debt guarantee (hereinafter “mortgage”).

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