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(영문) 광주지방법원 2015.10.07 2014나14739
대여금
Text

1. Revocation of a judgment of the first instance;

All claims of the Plaintiff (Appointed Party) and the Appointor are dismissed.

2...

Reasons

1. Basic facts

A. The husband F of the Plaintiff A, C, E, and Plaintiff D and approximately 35 members, including the Defendant, I, invested approximately KRW 2.1 billion in total in an advanced livestock farming association (hereinafter “advance farming association”).

B. However, as the advanced farming cooperative did not return its investments, the said investors delegated the Plaintiff A, F, and I to take legal measures, such as provisional attachment and filing of lawsuits, against the advanced farming cooperative in the name of Plaintiff A, F, and I, about 10 of them to the Plaintiff A, about 12 of them to the F, and about 10 of them to the Plaintiff F, and about 10 of them to the Plaintiff A by transferring their respective advanced farming cooperatives’ claims for return of investments to their respective advanced farming cooperatives.

C. On February 1, 2013, Plaintiff A, F, and I had been subject to a provisional attachment decision (U.S. District Court Decision 2013Kadan193) on 17 lots of land, such as 41,877m2 (hereinafter “instant real estate”), which was owned by an advanced farming cooperative, and filed a lawsuit claiming the return of investment against the advanced farming cooperative in March of the same year (U.S. District Court Decision 2013Gahap2179).

On April 8, 2013, an advanced farming cooperative completed the registration of transfer of ownership in the name of K Co., Ltd. (hereinafter referred to as "K"), for which I was the representative director, with respect to the shares of 33058/4187 (the value was not revealed, and the opinions of the parties thereto are different) out of the instant land, and Plaintiff A, F, and I were the same year.

5. 15. The action mentioned in the preceding paragraph was withdrawn, and around that time, F and I became the co-representative of K.

E. The Plaintiffs granted KRW 23,100,000 in total to H, which was introduced by the Defendant or the Defendant from the end of October 2012 to April 2013, and KRW 23,100,00 in total, and KRW 2,580,00 in total, KRW 1,000 in Plaintiff C, and KRW 2,580,00 in total, KRW 1,050 in Plaintiff E, and KRW 1,050,00 in total, respectively, and thereafter, Plaintiff A was refunded from the court by withdrawing the lawsuit as referred to in the said paragraph (d).

[Reasons for Recognition] Unsatisfy, Gap's 3, 9, 11, 12.

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