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(영문) 전주지방법원 2016.09.09 2015가합4367
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The defendant is a person who actually operates a limited liability company C (hereinafter referred to as "C") and D Co., Ltd. (hereinafter referred to as "D").

C On August 14, 2003, from the Kim Jong-si market, the project implementer was designated as the project implementer for the F apartment construction project (hereinafter “instant project”) constructed on the land of eight parcels, including the 1,845 square meters and above the 1,845 square meters in Kim Jong-si, and then contracted the construction work on the above apartment to D Co., Ltd.

With respect to the raising of funds for the promotion of the instant project, C made on March 30, 2005, the Notarial Deed of Promissory Notes (hereinafter “Notarial Deed of Promissory Notes”) with a face value of KRW 700,000,000.

On April 22, 2005, H and the Defendant, as the representative director of D, and the Defendant, as the Defendant, signed an agreement with the Plaintiff, etc. to transfer the Plaintiff’s equity interest, including D’s business rights and beneficial rights (hereinafter “instant agreement”), and to transfer the Plaintiff’s equity interest (hereinafter “instant agreement”). H written statement (hereinafter “each of the instant agreements”) as follows. H affixed the seal of D representative director D’s official seal on the side of each of the instant agreements, and H seal on the side of “representative director’s seal”, and the Defendant affixed the Defendant’s seal on the side of “actual manager’s seal.”

D’s trade name of the waiver of transfer of business rights such as D: D address: D address: H real manager: if the above company fails to pay the above amount by July 22, 2005, the defendant shall agree to transfer the amount of KRW 300,000 to H and 12 of D’s shares without problems, such as business rights and rights to benefit, etc. (transfer of corporation, etc.). In addition to the minutes of the board of directors and certificates of personal seal impression, the defendant shall submit a written waiver.

Each letter of D's representative director B's H actual management B's ground for recognition, absence of dispute, Gap's evidence Nos. 2 and 3, Eul's evidence Nos. 1, assertion of the purport of the whole pleadings, and judgment parties.

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