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(영문) 의정부지방법원 2016.10.21 2016가단2116
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. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 6 through 10, Gap evidence Nos. 3 and 5, evidence Nos. 1, 2, 4-1 to 59, and Eul evidence Nos. 1 to 6.

(1) On October 17, 2007, the Plaintiff Company D (the representative director is the Plaintiff’s wife E; hereinafter “D”) entered into a contract with the Defendant Company to purchase the land and its execution right of the main apartment construction project (hereinafter “instant project”) on the 17th parcel outside the F of Echeon-si and the 13.5 billion won (i.e., the acquisition price of the Defendant Company’s corporate acquisition price of KRW 50 billion).

(2) D paid the purchase price in a way that the total amount of the project site price and the initial operation cost (project cost related to business rights and corporate acquisition cost) after the Construction Company’s PF.

B. On January 8, 2008, the Plaintiff, a shareholder of the Defendant Company, entered into a contract with the Defendant C et al. to purchase the shares and management rights of the Defendant Company from the transferor of the Defendant C et al., and paid KRW 100 million on January 8, 2008, and KRW 140 million on or before February 29, 2008.

(2) The assignees recognize ① all loans, expenses, and taxes that are based on the materials on the financial statements settled at the end of December 2007 and all loans, expenses, and taxes that are disbursed on the basis of the contents listed in the special agreement, and succeed to the rights and obligations related to all loans, expenses and taxes that are incurred in the future and public services that are incurred therefrom (Article 5(1)), and ② simultaneously with the above contract, enter into a contract, including the payment guarantee of the contractor, immediately after entering into the contract, including the payment guarantee of the contractor, and raise funds separately from the funds, and are borrowed and unpaid from the financial institution related to the

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