beta
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 corporation whose business purpose is real estate development, etc. and whose trade name was changed to E Co., Ltd. on March 29, 2013 and changed to the current trade name on July 30, 2015. Defendant B is a person who actually runs the F Co., Ltd. (hereinafter “Nonindicted Company”); Defendant C is a spouse of Defendant B, and Defendant C is a representative director of the Nonparty Company; and Defendant D is a person who has worked as the chief of the examination team of the Nonparty Company.
On October 11, 2013, the Plaintiff entered into a partnership agreement with the non-party company with the following contents:
(A) The non-party company arranged to borrow KRW 450 billion necessary for the Plaintiff’s implementation of the development project, and calculated KRW 1 billion at the expense of preparing an evaluation report by an external agency related to “evaluation of the possibility of collecting principal and interest” for the purpose of arranging the loan borrowed by the Plaintiff and the non-party company as a partner, and then, the Plaintiff paid KRW 200 million to the non-party company within 30 days from the date of the contract, and the remaining KRW 80 million to the non-party company, within 30 days from the contract date, the Plaintiff paid the above KRW 200 million to the non-party company as the expense for preparing an evaluation report by an external agency for the “evaluation of the possibility of collecting principal and interest” under the contract of this case, and the Defendant’s account designated by the non-party company to the Defendant C.
The non-party company was indicted for fraud by Defendant B, who is the actual manager of the non-party company, using the above KRW 200 million for another purpose, and was detained in the second instance (Seoul Central District Court Decision 2017No3044, Nov. 16, 2017) but was acquitted through the Supreme Court's judgment on the reversal and return (Seoul Central District Court Decision 2018No142, Oct. 18, 2018), and on October 26, 2018, this judgment became final and conclusive as it is.
[Reasons for Recognition] There is no dispute, Gap evidence 1 to 6.