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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 12, 2011, the Plaintiff lent KRW 100,000,000 to the Defendant Company with respect to Defendant B (hereinafter “Defendant Company”)’s implementation of the F apartment construction business (hereinafter “instant business”) in Seo-gu, Seo-gu, Gwangju.
C Investment 1.3 billion won and 20% of profits shall be paid to A, except for the principal and expenses paid from November 23, 2010, within seven days after the settlement with the Korean Land Trust.
B. The Plaintiff and the Defendants are above the Defendant Company around May 10, 201.
If the Defendant C deposited KRW 500,000,000, including KRW 100,000,000 under the provision, then the Defendant C transferred 20% of the shares issued by the Defendant G, the husband, to the Plaintiff by June 30, 201, and (2) the Defendant Company agreed to pay the profit as follows (hereinafter “instant agreement”).
C. The Plaintiff remitted KRW 400,000 to the Defendant Company.
The Defendant Company returned KRW 500,000,000 to the Plaintiff on September 23, 2011.
E. On October 18, 2012, the Plaintiff transferred the right under the instant agreement to D, and at that time notified the Defendants thereof.
F. On December 9, 2013, D filed a lawsuit seeking the transfer of shares with the Defendant Company and its representative director, H and the husband of the Defendant C (hereinafter “instant prior lawsuit”).
G. On March 24, 2014, D again transferred the right under the instant agreement to the Plaintiff, and around October 22, 2014, D notified the Defendants thereof.
H. On September 26, 2014, the Korea Land Trust and the Defendant Company decided to terminate the trust of the land, etc. to the Korea Land Trust in connection with the instant project, and settled the relevant settlement accordingly, the Defendant Company is to receive KRW 17,803,164,162 from the Korea Land Trust. Of these, KRW 17,295,547,737 was already paid as advance trust interest, and the remainder of KRW 507,616,425 was paid.