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(영문) 서울중앙지방법원 2018.08.23 2017가합544896
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From June 26, 2006 to December 26, 2007, the defendant served as the representative director (the period registered as the representative director on the corporate registry shall be from June 27, 2006 to December 27, 2007) of D (hereinafter referred to as “D”) company, and E shall be a person who served as the representative director on the corporate registry (hereinafter referred to as “F”).

B. On July 6, 2007, the Plaintiff requested that D lend KRW 1 billion from the Defendant, who was the representative director of D at the time of early July 2, 2007, the Seoul Western District Court 201Gahap454, to rent out the site purchase funds for the apartment project in the Seo-gu Seoul Seo-gu (hereinafter “instant apartment project implementation project”), which was promoted for the instant apartment project, from the Defendant, who was the representative director of D at the time of early July 2, 2007, and lent the period of repayment to the account in the name of D on July 30, 2007, by way of remitting KRW 50 million from the account in the name of F, which was directed by the Defendant on July 6, 2007.

The Plaintiff filed a lawsuit seeking payment of KRW 500 million from the above loans and delayed payment damages therefor. (c) On October 14, 2011, the above court: “(i) drafted and issued the Plaintiff a certificate of loan of KRW 1 billion, a certificate of waiver of the right to implement the project, and a certificate of performance of transfer; (ii) issued a promissory note of KRW 1.1 billion; (iii) the Plaintiff was granted a provisional registration of the right to claim transfer of ownership against the Plaintiff, Seo-gu International, and J land, which is the site for the apartment project in this case, from F; and (iv) drafted and implemented an agreement with the purport that the Plaintiff would terminate the above provisional registration and would receive KRW 2.4 billion from the latter; and (iii) from April 3, 2006 to June 1, 2007, the Plaintiff would have the Plaintiff paid the loan of KRW 3.8 billion from the loan to the above Plaintiff’s direct repayment of the loan amount of KRW 5.8 billion from the loan.

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