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(영문) 인천지방법원 부천지원 2017.03.31 2016가합100262
대여금
Text

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. The plaintiff is a corporation E (hereinafter referred to as "E").

(2) Defendant B, along with the Plaintiff and F, established E and led to camping projects, and Defendant C is the type of Defendant B, and Defendant D is the wife of Defendant B.

B. Around June 2014, the Plaintiff: (a) around 2014, the Plaintiff: (b) around 23,076 square meters of land on 16 parcel (hereinafter “I land”); (c) G, Kimpo-si, Kimpo-si, and (d)

(2) The Plaintiff, Defendant B, and F established the Company on September 2, 2014, and the real estate development and implementation business, with the knowledge of the fact that the Plaintiff intended to sell the Company, thereby introducing G to the Defendant B, who was aware of its business relations. Defendant B and the Plaintiff, together with the Plaintiff, proposed that the Company be incorporated to develop and operate the Company as an Otopping site. (2) Accordingly, the Plaintiff, Defendant B, and F established the Company for the purpose of operating the camping site on September 2, 2014, and the Plaintiff became the representative director and 33% shareholders, J (F children) shareholders, and Defendant D were 34% shareholders, both inside directors and 34% shareholders.

Since Defendant B and F were bad credit holders, they participated in the establishment in the name of the wife and children, in fact Defendant B and F led the establishment process as the president and the vice president, and the Plaintiff was in charge of the E accounting affairs based on the experience of working for 14 years at financial institutions (the Livestock Cooperatives) and managed the corporate account.

3) On September 12, 2014, E purchased I’s land from G in KRW 3,100,00,000, and (1) KRW 50,000 on the date of the contract, and (2) intermediate payment in lieu of E’s acceptance of the collateral security obligation 1,970,000,000 on I’s land; and (3) the remainder 1,080,000,000 won was agreed to develop land and pay the secured loan upon fulfillment of the loan requirements (Evidence 3). Accordingly, the Plaintiff transferred KRW 30,00,000 to G on the same day, and Defendant B transferred KRW 20,00,000,000 to each of G. D.

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