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(영문) 광주고등법원(전주) 2019.09.19 2018나11140
대여금
Text

1. The plaintiff's claim against the defendant C that was changed in exchange in this court is dismissed.

2. The defendant limited liability company.

Reasons

1. Facts of recognition;

A. The relationship D and E between the plaintiff and the defendant C are simplified, and the plaintiff is the husband of D and the defendant C are the husband of the plaintiff, and the defendant Eul is the husband of Eul.

B. The Defendant Limited Company B (hereinafter “Defendant Company”)’s establishment and acquisition of O-owned real estate (hereinafter “Defendant Company”) Plaintiff and Defendant C established a limited liability company around 201, and the F land and its ground buildings (hereinafter “O-owned real estate”) in the 201 following the following:

(2) On April 14, 201, the Plaintiff established the Defendant Company with the number of shares of 5,000 shares of 1,000 shares of 1,00 shares of 1,00 shares of 1,00 shares of 2,50 shares of the Defendant Company in the name of G, and Defendant C acquired the remaining 2,50 shares of 2,50 shares of the Defendant Company in the name of G, and Defendant C acquired the remainder 2,50 shares, and Defendant C assumed office as the representative director of the Defendant Company, and G, respectively.

3) On May 13, 201, Defendant Company purchased Odong real estate in KRW 2.965 billion. Of the purchase price, KRW 2.47 billion, Defendant Company Company H (hereinafter “H”).

(4) Defendant C actively participated in the establishment of the Defendant Company and the public auction of the O-dong real estate, and the Defendant Company acquired the O-dong real estate after which it received the O-dong real estate.

C. The Plaintiff and the Defendant Company deposited KRW 1 billion in the Defendant Company’s account in the name of the Plaintiff or his family member (D, G, M, P, Q, and R, as shown in attached Form 1, from May 2, 201 to March 18, 2015, under the name of repayment of interest on the O-owned real estate loan, and paid KRW 775 million in total (i.e., KRW 1.5 billion (= KRW 1.00 million) in the name of the Plaintiff or his family member (M, P, Q, and R) from May 2, 2011 to March 18, 2015.

1) The plaintiff acquired the Sdong real estate and transferred its title 1) on July 28, 2009, the land T in the Gunsan City, which was under auction on July 28, 2009 and its ground buildings (hereinafter referred to as "Sdong").

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