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(영문) 대구지방법원서부지원 2017.11.16 2016가단52689
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff, along with his father D, is the Plaintiff’s land and its ground buildings located in Gyeong-gun, Seongbuk-gun, Seongbuk-do (hereinafter the above land and buildings collectively referred to as “E factory”).

(2) On March 30, 2015, the Defendant Company transferred its head office to Gyeongbuk-gun G, G, the domicile of the E plant, while engaging in the wholesale and retail business of industrial raw materials in the Gu and America.

Defendant C became aware of the business Plaintiff around 2014 as the representative director of the Defendant Company, and the following B.

At the time of the preparation of the sales contract, the plaintiff and the defendant C were in conflict with each other.

B. 1) On April 20, 2015, D and Defendant Company stated that D shall sell the machinery and appliances installed in a factory and the above factory to Defendant E company for KRW 1 billion (one hundred million on April 20, 2015, on the date of the contract) and shall pay the intermediate payment of KRW 50 million on April 27, 2015, and shall pay the remainder of KRW 850 million on April 30, 2015.

hereinafter referred to as “instant sales contract”

2) After the formation of the instant sales contract, in relation to KRW 100 million, Defendant C remitted KRW 50 million to Defendant C on April 27, 2015, which is the date of the contract, to the account of Defendant C on three occasions, on April 2015, which is the date of the contract, to the account of Defendant C, the Defendant Company remitted KRW 100 million deposited to D on three occasions on the same day, and D returned KRW 100 million, which was remitted from Defendant Company, to Defendant C on three occasions, once again, over KRW 50 million, the intermediate payment payment date, and KRW 50 million, which was the date of intermediate payment, if Defendant C remitted to Defendant C by the said method as above, the Defendant Company remitted KRW 50 million as part payment, and the said KRW 50 million, which was remitted from Defendant Company, to Defendant C again.

Detailed statement of financial flow is below.

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