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(영문) 서울중앙지방법원 2017.05.11 2016가단5045062
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution under this Court 2016 Chicago30214, Mar. 1, 2016

Reasons

1. The facts below the basis facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence of Nos. 1 to 13 (including branch numbers; hereinafter the same shall apply) and Eul evidence of No. 1 to 7.

In the course of concluding a joint venture business with D’s husband of the Plaintiff Co., Ltd. (hereinafter “C”), and C’s representative E Co., Ltd. (hereinafter “E”), a person who created a collateral on the Plaintiff’s real estate to secure the return of investment funds to F is a person who created a collateral to secure the return of the investment funds to F. The Defendant is a person who set up a collateral security for the return of the said investment funds upon the denial of E’s representative F.

The term "A" refers to "A", "D", "A", and "E", "E", "F", and "the defendant" are collectively referred to.

B. Since 15 years ago, Plaintiff D established a company called C to import and sell Chinese agricultural products in Korea. On July 27, 2015, the Defendant entered into the instant business contract with the following contents with respect to “trade transactions, such as China,” with the Defendant:

Section 1 (Purpose) The purpose of this Agreement is to provide for investment, distribution of profits, and cooperation among E representative director F (hereinafter referred to as “A”) and C representative D (hereinafter referred to as “B,”) in connection with trade transactions, such as the shoulder with China.

Article 2(Investment) A shall invest KRW 200 million in a joint business related to trading business, such as a shoulder with China (deposited into E head of Tong on the following day after creation of a collateral security), and Eul shall set up a collateral security on the apartment house owned by the husband of B (H apartment in Gangnam-gu G) in order to guarantee the principal of the investment amount of KRW 200 million by Party B, and upon expiration of the contract period, Party A shall recover the investment amount.

Article 3 (Business Apportionments) The business of Gap shall invest in the funds for the joint business, and the said trade business shall be conducted in the name of Gap.

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