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(영문) 부산지방법원 2015.11.18 2014가합40469
청구이의
Text

1. The plaintiff B and C shall be dismissed respectively.

2. The plaintiff A's claim is dismissed.

3. This Court.

Reasons

1. Basic facts

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

A) The Plaintiff is a juristic person engaged in real estate development management, etc., and Plaintiff B is a dentist and the representative director of the Plaintiff company, and Plaintiff C is a urology and doctor, and Plaintiff C is a director of the Plaintiff company. 2) The F Hospital is a hospital located in the building located in Busan-gu G, Busan-gu, the location of the Plaintiff company. The shareholders of the Plaintiff

2) From March 6, 2010 to November 30, 2011, H served as the head of the overall headquarters of the Plaintiff Company. From July 201 to July 30, 201, he/she concurrently served as the head of the administrative office having overall control over the administrative affairs of the F Hospital and worked for the period of November 30, 2013. (B) The Plaintiff Company borrowed KRW 200 million from the Defendant through H on March 30, 2012 at interest rate of KRW 3% from the Defendant. The Plaintiff Company borrowed KRW 200 million from the Defendant through H on March 30, 2012, divided into four shareholders of the Plaintiff Company, including the Plaintiffs and I, and two promissorysory notes (the issuer column of the Promissory Notes) into four separate pages, and entered the Plaintiffs and I in the back page, and written the payment date of each of the instant promissory notes to the Defendant (the date of issuance and payment).

2) On April 9, 2012, the Plaintiff Company repaid the above KRW 200 million to the Defendant. 3) The Defendant remitted the amount of KRW 100 million on April 30, 2012 to the F Hospital account, and KRW 70 million on December 31, 2012 to the Plaintiff Company account, respectively.

C. On November 5, 2013, the Defendant, and H, drafted a notarial deed, added H to a notary E office located in the Gangnam-gu Seoul Metropolitan Government J building 601, and added H as an issuer a front letter stated by the Plaintiffs and I as the issuer among the Promissory Notes in this case, and as to the said Promissory Notes, the issuer of the said Promissory Notes as H with the Defendant, H, and the Plaintiff’s agent as H.

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