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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 1,017,027,520 as well as its annual interest from March 26, 2008 to November 25, 2013.
Reasons
1. Basic facts
A. Parties 1) E Co., Ltd. (former “F”), but around July 8, 2006, the trade name was changed as above;
hereinafter referred to as “E”
(E) As a company aimed at construction business, G, the representative director of the Plaintiff Company established on April 21, 2008, was in charge of the above E’s representative director until September 25, 2008 (E had changed its trade name to H after G resigned from the representative director).
(2) Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company established on January 30, 1996 and its representative director is G’s father, and Defendant C, the representative director of Defendant B Co., Ltd. (hereinafter “Defendant B”) established on August 28, 2006, for the purpose of the vessel manufacturing business, is a sentence of G.
On the other hand, Defendant C has the status of each director of Defendant D, and Defendant B.
B. Defendant B and E enter into a contract for the construction of a factory between Defendant B and E (hereinafter “factory site”)
(2) On the ground, the lower court concluded a contract for the construction of a new factory (hereinafter “the instant contract”) between E and E on December 26, 2006, to newly construct a factory for the manufacture of vessel lux, etc. (including a factory with a factory of 15,594 square meters and a resting room of 195 square meters) and 4 attached buildings, such as an office (a total of 2,129.8 square meters).
2) On June 26, 2007, Germany Co., Ltd. (hereinafter “K”) with respect to the instant contract.
(3) On August 6, 2007, Defendant B received a loan of KRW 5.3 billion from M Bank in relation to the facility fund in relation to the instant primary construction project. In addition, Defendant B received a loan of KRW 5.3 billion from M Bank in relation to the facility fund.
However, Defendant B requested to deposit the above loan in the Mbank account (see Account Number N, No. 32) in the name of E, and accordingly, from August 6, 2007 to January 25, 2008.