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(영문) 수원지방법원성남지원 2019.01.15 2017가합409239
대여금
Text

1. The Defendant: (a) KRW 158,908,601 to Plaintiff A; (b) KRW 262,50,000 to Plaintiff C; and (c) KRW 139,547,667 to Plaintiff C.

Reasons

1. Basic facts

A. 1) The Defendant Company is a corporation conducting construction project implementation, etc. (2) The Plaintiff Company was the largest shareholder and representative director of the Defendant Company from around 2007 to 2012, and the Plaintiff C was the shareholder of the Defendant Company for the same period.

Plaintiff

B and Plaintiff D were the largest shareholder of Plaintiff A, and were the shareholders of Defendant Company for the same period.

B. The Defendant Company and F Co., Ltd. (1) promoted joint business with Defendant Company and F Co., Ltd.) since 2007, “G business” (hereinafter “the instant business”).

F Co., Ltd. (hereinafter “F”) was promoted. The F Co., Ltd. (hereinafter “F”).

(2) On October 2, 2008, all shareholders of the defendant company, including the plaintiffs, made a joint agreement and a construction contract agreement with F to provide funds by borrowing land costs, project costs, etc. and guaranteeing payment by F. The defendant company entered into a joint agreement and a construction contract with F to the effect that all shareholders of the defendant company, including the plaintiffs, will establish a pledge right (hereinafter referred to as the "first pledge right") to 50% of their own shares in order to secure the performance of the obligation to distribute profits under the joint agreement as above with the defendant company.

C. On the other hand, as the commencement and sale of the instant project had been postponed due to the aggravation of real estate competition, etc., the Defendant Company continued to increase the interest on the loan from financial institutions under F’s payment guarantee, the Plaintiff Company A, the representative director of the Defendant Company, proposed F to continue the business by establishing or accepting a self-management real estate investment company prescribed in the Real Estate Investment Company Act, thereby raising additional funds through listing and capital increase with capital increase, and allowing the said real estate investment company to take over the instant business rights.

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