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(영문) 부산고등법원 2019.01.09 2018나50287
대여금
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. The Plaintiff’s lawsuit against Defendant F is serious.

Reasons

Basic Facts

On May 29, 2007, Defendant D and Defendant E established the instant company on the following grounds: (a) purchased the instant project promotion G, B, Defendant D, and Defendant E purchased 650 square meters, etc. of H miscellaneous land in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, for the purpose of jointly carrying out the business using remaining equipment by changing the form and quality of the factory site and selling it again (hereinafter “instant business”).

G, B, Defendant D, and Defendant E acquired a lot of land of 650 square meters in the name of the instant company or the representative director of the instant company from July 2007 to April 2008.

On the other hand, on January 11, 201, K was appointed as the representative director of the Defendant Company, and on October 25, 201, K was appointed as the representative director of the instant company.

On January 18, 201, the Plaintiff prepared a letter of lending and performance, with a loan of KRW 700,000,000 for the instant business, and received “statement of performance” (Evidence A 2). The letter of performance is written in the letter of performance, “the instant company” and “B” respectively, and their seals are affixed thereto. The letter of performance contains the statement “K for the representative director of the content confirmation company” and the signature of K’s name.

[Written Evidence of Execution (Evidence A No. 2)]

1. With respect to the execution of a business selling 70,00,000 won after purchasing the instant real estate after changing the form and quality of the real estate and the distribution of the business profits for which you have made cash investments of 700,000,000 won, each letter shall agree to pay the investment and profits by the following methods and shall prepare a statement of performance of such agreement:

3) 1,00,000,000 won per additional real estate for the preservation of claims under the above 1) and 2.

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