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1. The part of the judgment of the first instance against the Defendants shall be revoked.
2. The plaintiff's defendants who fall under the above revocation part.
Reasons
1. Basic facts
A. The Plaintiff’s claim against F, Inc., Ltd., has a claim against F, Inc. (hereinafter “F”), which became final and conclusive through one payment order and one decision as follows.
Busan District Court Decision 2015Ra117 (as of March 19, 2015): F will pay to the Plaintiff 205,781,036 won and 20% interest per annum from March 5, 2015 to the date of full payment.
Seoul Southern District Court Decision 2015Kadan9183 decided on September 1, 2015 (determination of September 1, 2015): F shall pay to the Plaintiff 250 million won with the interest of 20 million won per annum from April 29, 2015 to the date of full payment.
B.F’s acquisition and disposal of each of the instant real estate 1) F is referred to as one of the three real estate listed in the separate sheet on July 21, 2008 (hereinafter referred to as “attached sheet 1”), F is abbreviationd in the same manner as “the instant real estate” in the order of the number number, and, in case of a common name, “each of the instant real estate” in the order of the number.
(2) On July 7, 2016, in order to promote the construction of a factory in each of the instant real estate, F shall be subject to investment of KRW 320 million from the Defendants on July 7, 2016, and it shall be notarized by preparing a financial investment contract with the following contents and received money from the Defendants around that time:
hereinafter referred to as the "Fund Investment Contract of this case"
) The funding applicants Defendant E, Defendant D (hereinafter referred to as “A”) and the funding custodian F (hereinafter referred to as “B”) enter into a contract relating to the funding support as follows:
Indication of Objects: New Construction Site of each Real Estate Construction Site of this case
1. The purpose of this Agreement is to contribute to the financing activities of Eul and to regulate the contents relating to the recovery of funds by Gap for the purpose of supporting the financing activities of Eul.
2. This paper.