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(영문) 대전지방법원 2019.05.02 2018가단218875
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the representative director of C Co., Ltd. (hereinafter “C”).

The defendant is a company running real estate development project, etc., and D was the representative director of the defendant company from December 5, 2016 to September 5, 2018.

As of August 8, 2018, D 10,80 shares of Defendant Company (30,000 shares) and 4,200 shares (14%) are owned by the Plaintiff.

B. On July 15, 2016, the E-dong Limited Liability Company F (hereinafter “F”) and C entered into a contract for the construction of the E-dong Urban Residential Housing (E-dong Complex) (hereinafter “E-dong Construction”) with respect to the construction of the E-dong Building (hereinafter “E-dong”) and the construction of the E-dong Urban Residential Housing (hereinafter “E-dong”) with respect to the construction of the E-dong Construction (hereinafter “E-dong Construction”). On August 1, 2016, the F agreed to carry out the joint project including the F’s burden. The F entered into a contract for the construction of the E-dong Construction with respect to the contract amount of KRW 4,51,36,531 (including value-added tax), the construction period from August 10, 2016 to October 30, 2017.

On April 5, 2018, the above construction was conducted and approved by the head of the Seo-gu Daejeon Metropolitan City on the above building.

C. On February 20, 2017, the Defendant related to Sejong Special Self-Governing City: (a) completed the registration of ownership transfer with respect to the land size of 1258.9 square meters in Sejong Special Self-Governing City; and (b) completed the new construction of neighborhood living facilities (hereinafter “J of Sejong Special Self-Governing City”).

The Plaintiff transferred KRW 120 million to the Defendant’s account on November 29, 2016 and KRW 200 million in total to D on December 30, 2016 (hereinafter “the instant money”).

(2) On March 31, 2017, the Defendant paid a total of KRW 190 million to the Plaintiff, including KRW 20 million, KRW 50 million on April 7, 2017, KRW 70,000 on May 2, 2017, and KRW 50 million on October 18, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1 to 5 (including provisional number), the purport of the whole pleadings

2. Determination

A. 1) The parties’ assertion 1) C and F are proceeding with Edong construction.

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