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(영문) 서울고등법원 2018.05.17 2017나2043112
배당이의
Text

1. The plaintiffs' appeal against defendant D and the appeal against defendant C against the plaintiffs are dismissed, respectively.

2. The plaintiffs and the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties, relationship 1) F Co., Ltd. (hereinafter “Nonindicted Company”)

The purpose of the “real estate sales agency business” is a juristic person established for the purpose of the “real estate sales agency business”, and an officetel (the name of the building is “H”; hereinafter the “instant officetel”) was entered into with the Asian Trust Co., Ltd. (hereinafter “M Trust”) as to each of the rooms of the instant officetels on March 2, 2013. On March 2, 2013, the Asian Trust completed registration of preservation of ownership as to each of the rooms of the instant officetels.

§ 30.

(1) On December 31, 2014, when the business was newly built and sold, the business was closed on the part of December 31, 2014. Nonparty Company is Korea Trust Co., Ltd. (hereinafter “Korea Trust”).

[1] As to the trust profit claim of KRW 600,000,000 (hereinafter “instant trust profit claim”)

(1) The Plaintiff A is a corporation established for the purpose of “multi-family housing construction, sale, and development,” and Plaintiff B is the representative director of Nonparty A, who owns 50% of the total number of shares issued by Nonparty C as the representative director, and Defendant C is the spouse of Nonparty C.

3) Defendant D lent the sum of KRW 1,600,000 to Nonparty Company around 2010 (the following is the loan of this case)

(B) The Plaintiff Company B is an investor. (B) The Plaintiff Company: (a) paid the Plaintiff Company KRW 200,000,000 per annum on May 7, 2010, and KRW 50,000 per annum on May 6, 2011, and ② KRW 372,50,000 per annum on April 7, 201, and KRW 50 per annum on December 31, 201, respectively; (b) the Nonparty Company paid KRW 200,000,000 to the Plaintiff by April 25, 2014, and paid the Plaintiff KRW 60,000,00 in installments.

Plaintiff

B With respect to non-party companies, the agreed interest rate of KRW 800,000,000 from each of the above loans was 50% per annum, but at that time, it was in force.

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