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(영문) 서울중앙지방법원 2021.01.22 2017가단5073422
채무부존재확인
Text

1. Of the principal lawsuit of the Plaintiff (Counterclaim Defendant), the Plaintiff (Counterclaim Plaintiff) and C Co., Ltd. entered into a contract on January 8, 201.

Reasons

1. Basic facts

A. The Plaintiff decided to accept D Co., Ltd. in 2010, and around December 29, 2010, through E, borrowed KRW 1 billion from G to F as acquisition fund in the name of F, and offered 820,000 shares issued by the said company as security (hereinafter “instant shares”), and the Defendant arranged to enter into the said monetary consumption lending contract.

B. On January 5, 2011, F or E prepared a letter stating that “F will sell 70,000 won out of the shares of this case and redeem jointly and severally KRW 140,000,000,000 out of the loss amount,” to G on January 5, 201, when F or E sold 70,000 won out of the shares of this case and the price of the shares of this case decline.”

(c)

Since then, E will compensate the defendant for damages by acquiring the above company if it lends additional KRW 200 million to the defendant.

The defendant delivered KRW 200 million to E.

With respect to the above KRW 200 million delivery, the defendant was scheduled to underwrite the above company on January 8, 2011.

C Co., Ltd. (former HH Co., Ltd.; hereinafter “Non-Party Company”) entered into a monetary consumption lending contract with the lender and the non-party company as the borrower (hereinafter “instant contract”). On January 7, 2011, Non-Party Company entered into a two promissory notes with the payee as the defendant, with the face value of KRW 200 million and KRW 300 million as the defendant, and the promissory notes process was prepared.

(d)

On September 17, 2015, the Defendant filed a complaint on embezzlement and fraud that “E, at the request of E on December 2010, borrowed KRW 1,06,000,000 as collateral for the instant shares.” If E lends KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

In addition, the defendant on March 2, 2016.

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