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(영문) 서울남부지방법원 2017.05.11 2016가합105429
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 plaintiff and the defendants are the parties 1) The non-party E and F (hereinafter "E, etc.")

E, etc. is creditors of E, etc. who operate a logistics warehouse in the trade name of G, and G is a company registered as a custodian in the Seoul Southern District Court's enforcement office in 2013.2) Meanwhile, Defendant B is running accommodation and restaurant business in the trade name of “H” from March 2, 2012 to March 7, 2014.

The closure was closed.

B. The Plaintiff’s investment in the Plaintiff’s G business of E, etc. concluded an investment contract with E, etc. for the G business. On February 19, 2013, the Plaintiff agreed to respectively invest KRW 75 million for 30 container containers of G, KRW 60 million for 24 container containers of June 26, 2013, and KRW 100 million for 40 container containers of July 31, 2013.

C. 1) When the Plaintiff and the Defendants were unable to return the investment proceeds and principal to investors, including the Plaintiff and the Defendants, the Plaintiff and the Defendants were to prevent them from returning the investment proceeds and principal, the claim group around March 2015 (hereinafter “instant claim group”).

(1) The agreement to be agreed upon through the operation of G business (hereinafter “instant agreement”) is concluded.

(2) In the instant agreement, the instant claim group confirmed that the amount of claims by the Plaintiff and the Defendants is KRW 250 million, KRW 40 million, KRW 40 million, KRW 30 million, KRW 370 million, and KRW 70 million, and the instant claim group decided to allocate G’s assets and operating profits according to the said share ratio.

On the other hand, there were as small creditors of E, etc. I (50 million won), J (30 million won), K (30 million won), L (30 million won), M (91 million won).

3) On May 26, 2015, the Plaintiff and the Defendants comprehensively transfer G’s assets (rental deposit amounting to KRW 60 million, KRW 166, freight cars, office fixtures, etc.) from E, etc., to E, etc., and the seizure, etc. of G’s assets is to be cancelled. The obligation against small creditors is also transferred to E, etc.

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