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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. (1) The Defendant, along with D and E, established the F Co., Ltd. (hereinafter “instant company”) on or around April 25, 201, and invested KRW 150 million in the establishment fund. The Plaintiffs are participants in the instant company in order to conduct the business of raising loans, etc. necessary for the operation of the company after the establishment of the instant company.
(2) The Defendant invested KRW 150 million as the promoters of the instant company as its officers, and held KRW 30% (90 million) out of the shares of the instant company. Plaintiff B was paid KRW 40% (12,000) of the shares of the instant company in return for the investment of KRW 200 million, and was appointed as the representative director of the instant company. Plaintiff A was appointed as the vice president of the instant company and operated the instant company.
B. Around September 30, 201, the instant company, including the conclusion of a land sales contract, completed the registration of ownership transfer with respect to the purchase price of KRW 1,073,300,000 from fixed companies (hereinafter “stock company’s name”) on G and H (hereinafter “instant land”). Around September 30, 201, the instant company paid KRW 114,000,000,000, out of the above KRW 150,000,000 invested by the Defendant, as a down payment for the instant land sales, and paid KRW 80,000,000,000,000, which was offered as collateral to the Busan Bank, as remainder.
C. (1) The Plaintiffs, including the Defendant’s criminal punishment, set up a collateral security with the maximum debt amount of KRW 360 million with I, and borrowed KRW 300 million in the name of the instant company.
(2) The plaintiffs were indicted on the facts charged that they personally used 300 million won borrowed as above, acquired property benefits, and suffered damage equivalent to 300 million won to the company of this case, and the plaintiff Eul was sentenced to 2 years of suspended execution (the Busan District Court Branch Branch of Dongsan District Court 2012Da3261), and the plaintiff Eul was sentenced to 2 years of suspended execution (the Busan District Court 2013No739) in October, respectively.