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(영문) 수원지방법원 2017.08.08 2016가단805847
대여금 등 청구의 소
Text

1. Defendant C:

A. The Plaintiff A Co., Ltd. shall pay KRW 23,517,400 and interest thereon from January 13, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)

(A) A corporation is established for the purpose of civil and construction work, and Plaintiff B was the representative director of the Plaintiff Company until May 7, 2015 (current is an internal director).

(2) Defendant D is the business registration titleholder of F Co., Ltd. (hereinafter “F”)’s representative director G who is the owner of forest E 5,391 square meters (hereinafter “instant land”). Defendant C is a person in a de facto marital relationship with Defendant D, who is a de facto marital relationship.

3) As from August 17, 2007, Defendant C operated the china with the trade name of “I”, Defendant C was practically operating the said H, and the Corporation at J and Ha in Sungsung-si (hereinafter “each J Corporation”) and “K Corporation”.

From October 1, 2012, Defendant C was running with the business of “H” under his name, not “H.” The mere fact that Defendant C simply intends to engage in the construction business after registering its business with the trade name. 4) Meanwhile, L intended to purchase and develop a 12,246 square meters of Ma forest, N forest, 4,649 square meters of 4,892 square meters of O forest, and 6,241 square meters of 4,000 square meters of 4,892 square meters of O forest, which are adjacent to the instant land. In order to develop, part of the instant land was necessary as access road.

L has been issued a written consent to land use to the effect that the F agrees to use the instant land as a access road to the permission for the development of adjacent land through Defendant C on January 201.

5) The Plaintiff B is the representative director P Co., Ltd. (hereinafter “P”).

On December 5, 2011, L purchased the right to purchase and the right to act on the adjacent land from L to 4 billion won, and thereafter the plaintiffs continued to work on the adjacent land.

Plaintiff

B contact with Defendant C in connection with securing access roads for the development of adjacent land.

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