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(영문) 전주지방법원 군산지원 2018.06.21 2017가합10703
대여금
Text

1. Defendant B’s limited liability company: KRW 751,50,000 and the Plaintiff’s annual amount of KRW 5% from March 28, 2017 to June 21, 2018.

Reasons

1. Basic facts

A. The wife D between the Plaintiff’s wife and Defendant C, and the wife of Defendant C, are as follows: (a) between the Plaintiff and Defendant C, and between the Plaintiff and the Defendant C.

B. (i) The establishment of the Defendant Company and the acquisition of the instant real estate (hereinafter “instant real estate”) and the Plaintiff and the Defendant C agreed to purchase the land and buildings on the land, including the following city F, the public sale of which was in progress in around 2011, and decided to establish a limited liability company according to the Defendant C’s proposal and acquire the instant real estate in its name.

Luxembourg On April 14, 201, Defendant C and Defendant C were established as “50,00,000 capital, 10,000 won per contribution unit, and 10,000 won per contribution unit, which are the representative director of Defendant C and the Plaintiff’s director, as the representative director of Defendant C and Defendant C, respectively.”

【Defendant Company acquired the instant real estate by public auction on May 13, 201, and KRW 2,470,000,000, out of the purchase price of KRW 2,965,00,000, Defendant Company provided the instant real estate to H Co., Ltd. and paid as loans received by Defendant C as joint and several sureties.

x) Defendant C actively participated in the process of the establishment of the Defendant Company or the process of the public auction of the instant real estate, and the Defendant Company performed the management of the instant real estate even after acquiring the instant real estate.

C. During the period from May 2, 2011 to March 18, 2015, the Plaintiff transferred KRW 1,021,50,000 to the account in the name of the Plaintiff or the Plaintiff’s family member, and returned KRW 245,00,000 (= KRW 1,021,50,500 - 245,000,000) to the Defendant Company’s account under the name of the Plaintiff or the Plaintiff’s family member (i.e., KRW 1,021,50,500 - 245,000,000). Such money was used as the interest, successful bid price, and lien settlement cost.

Between July 28, 2009 and April 13, 2015, the Plaintiff wired KRW 1,586,805,000 to Defendant C’s account under the name of the Plaintiff or the Plaintiff’s family member, and returned KRW 753,597,620 to KRW 83,207,380 (= KRW 1,586,805,000 - KRW 753,597,620).

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