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(영문) 수원지방법원 2018.09.12 2017가합24871
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

Basic Facts

The Plaintiff is a company established for the purpose of real estate consulting business, etc. on July 22, 2014, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established for the purpose of real estate development business, etc. on March 18, 2015.

Defendant C served as a joint representative director of Defendant C until March 17, 2017.

The Plaintiff paid KRW 385,00,000,000 to D Co., Ltd. (hereinafter “Nonindicted Company”) on September 5, 2014, and KRW 80,000,000 on October 30, 2014, and KRW 250,000,000 on February 12, 2015, and KRW 385,000,000 on March 13, 2015.

On April 6, 2015, the Plaintiff borrowed KRW 200,000,000 from F, and KRW 100,000,000 from G on April 22, 2015, and May 8, 2015, respectively, and paid KRW 100,000,000 to the Defendant in total, from H on May 8, 2015.

[Grounds for recognition] In order to take over and carry out the business by taking over the office site and the new business site of the K site of the Young-si District in the plaintiff representative, the plaintiff representative director I and the J made the defendant company to take over the above business right, and the plaintiff company would have 70% of the defendant company's shares.

Accordingly, the Plaintiff changed the business owner of the business right underwriting agreement concluded with the Nonparty Company to the Defendant from the Plaintiff, and paid 385,000,000 won to the Nonparty Company for the acquisition price of the Defendant Company’s business right, and borrowed 500,000,000 won from the F, etc., and lent the said money to the Defendant Company for the purpose of quota financing.

Therefore, the Defendants are jointly and severally liable to pay 385,00,000 won in borrowed money and 500,000,000 won in total and 885,000,000 won in borrowed money and damages for delay.

The fact that the Plaintiff paid KRW 385,00,000 to the non-party company, and the fact that the Plaintiff borrowed KRW 500,000 from F, etc. and paid it to the Defendant company.

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