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(영문) 대구지방법원 2016.07.21 2015가합1882
채무부존재확인
Text

1. The obligation based on a monetary loan contract for consumption by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. Non-party E is the representative director of the Plaintiff Company A (hereinafter “Plaintiff Company”) and the intra-company director, and the Defendants are the reporters of the above deceased.

B. From March 7, 2012 to June 20, 2012, the Deceased served as the representative director of the Plaintiff Company, and then resigned on June 20, 2012 and became an inside director, and Nonparty F was appointed as the representative director of the said company on the same day.

C. Upon receipt of the deceased’s request for financing of the Plaintiff’s business funds, Defendant B and D wired KRW 200,000 to the account under the Plaintiff’s name on March 25, 2013, and Defendant D wired KRW 200,000 to the account under the Plaintiff’s name on November 26, 2013 (hereinafter “each of the instant monetary loan agreements”). Defendant D wired KRW 200,000 to the account under the name of Nonparty H and lent KRW 200,000 to the said Plaintiff’s name (hereinafter “each of the instant monetary loan agreements”).

D. On February 28, 2014, Defendant C entered into a prior promise to sell commercial buildings, which is expected to be newly constructed on the land outside Daegu-gu I and four parcels, with the Plaintiff Company and the Defendant C as a party to the contract, and transferred KRW 100,000,000 to the account in the name of the said Plaintiff Company on the same day.

E. Article 16 subparag. 3 of the application for the instant shopping mall sales contract provides that “where the Defendant C fails to sell within two months from the scheduled date of sale due to the Plaintiff’s cause attributable to the Plaintiff, the contract may be rescinded. In such cases, the Plaintiff shall pay the Defendant C additional dues at the rate of 20% per annum of the pre-sale amount with penalty.”

F. Defendant C demanded the Plaintiff to sell a commercial building or return a pre-sale price pursuant to the instant commercial sales contract, but the Plaintiff failed to comply therewith, which was the Plaintiff’s claim for the return of the pre-sale price as the Daegu District Court 2014Kadan64555 on October 20, 2014.

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