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(영문) 대구지방법원 2020.04.23 2019가합204672
채무부존재확인
Text

1. The defendant received KRW 200,000,000 from the plaintiff, and then as to each real estate listed in the separate sheet from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), and is a stock company with the purpose of preparing and arranging the preparation for coming-of-age, marriage, funeral and marriage, etc.

(E) At the time of incorporation, Co., Ltd. D and E, Co., Ltd. as of September 22, 2014, and December 16, 2015). F is a company director and representative director from the time of incorporation to December 16, 2015, and G is a company director and representative director as of December 12, 2014 and has the status of a joint representative director as of December 12, 2014.

The Defendant, upon receipt of the Daegu District Court on December 19, 2014, completed the registration of establishment of a collateral security (hereinafter “registration of establishment of a collateral security”) with respect to the registration of establishment of a collateral security (hereinafter “registration of establishment of a collateral security”) near the instant real estate on December 19, 2014, on December 15, 2015, on December 16, 2015, as the receipt of the said court on December 16, 2015, was for sale and lease of real estate, and is a stock company with the purpose of real estate transaction and lease business.

(H Co., Ltd. at the time of its incorporation, I Co., Ltd. on July 23, 2013, and as of February 11, 2016). J has the status as an internal director from the time of its incorporation.

B. On September 26, 2014, the Plaintiff drafted a written contract with G and F on September 26, 2014 regarding the loan and distribution of profits related to the instant real estate (hereinafter “Agreement as of September 26, 2014”), along with G and F (hereinafter “Agreement”).

(2) Article 2(3) of the Agreement provides that the Plaintiff shall be granted a loan of KRW 5.3 billion from a financial institution (K Union). (2) G shall make an investment in KRW 1 billion in sale to B and acquire shares and equities of KRW 50 billion. (3) B shall be granted a loan of KRW 1 billion to a third party and the said hospital (hereinafter referred to as “Plaintiff”) shall take over shares and equities of KRW 50 billion as security.

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