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1. The plaintiff's claim is dismissed.
2. Seoul Central District Court 2012 Ma4320 dated January 22, 2014 (2012 Ma185).
Reasons
1. Basic facts
A. The J Co., Ltd. (hereinafter “J”), a party’s affiliated affiliate of I (hereinafter “I”), promoted the raising of KRW 140 billion to K of Y in order to build the complex leisure test of “L” in Bupyeong-si, Seocheon-si, Busan. For this purpose, M Limited Co., Ltd. (hereinafter “M”) was established.
The defendants are the following creditors of the first loan contract or have acquired the claims.
B. On January 26, 2012, M of the first loan contract concluded with Defendant D Co., Ltd. (hereinafter “Defendant D”) a loan contract with a loan of KRW 30,00,000,000 from Defendant F Co., Ltd. (hereinafter “Defendant F”) and KRW 50,000,000 from Defendant F Co., Ltd. (hereinafter “Defendant F”) to obtain a loan (hereinafter “the first loan contract”). The loan should be used for the purpose of the first loan contract (the date on which M will enter into the first loan contract) with the J. 80,00,000,000,000 for the purpose of financing the relevant borrower (the date on which the first loan contract will be concluded). The loan should be made within 50 business days prior to the date of withdrawal to enable the lender to enter into a loan contract with the lender and to make up for the loan amount of KRW 175,70,700,000,000 from the date of withdrawal.
C. Pursuant to the first loan agreement of I for the establishment of a pledge of shares and for the supplementation of funds, M on the same day shall be KRW 80,000,000 as a loan to J for the first loan agreement.