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1. The main part of the lawsuit in this case shall be dismissed.
2. The plaintiff's conjunctive claim is dismissed.
3...
Reasons
1. The following facts may be found in full view of Gap evidence Nos. 1 to 6, Eul evidence Nos. 8, 16, 21 and 25, and the purport of the whole arguments:
1) D Co., Ltd. (hereinafter referred to as “D”).
The defendant is its representative director.
(E) August 28, 2008, E Co., Ltd. (hereinafter “E”).
F (Divisions of the plaintiff) is the representative director.
[2] On the ground of Jung-gu, Seoul and 2 lots of land, the construction work for the new construction of the "JG building" [including value-added tax, 50% of the construction work cost in February, 200, 50% of the remainder after completion of construction work, 50% of the construction cost in each time) and the construction period from September, 2008 to August 31, 2009] was commenced on September 208. The construction work cost of Jung-gu, Seoul and 2 lots of land (i.e., 4., 4., 4.44 billion won (i., 44 billion won), 1.52 million won (i.e., 200 million won) in total by directly remitting the loans to Eul.
3) Since the foregoing Corporation has been delayed several times, it was suspended in the state of non-construction (the highest rate of 52.36%) around May 2010, and D terminated the said contract on or around August 2010. (B) The F wired money and transferred credit 1) to the bank account in the name of the Plaintiff (F) on August 10, 2009 through the bank account in the name of the Defendant.
2) After July 2013, under the premise that the above remittance amount is a loan to the Defendant, F, upon the Plaintiff’s assertion of the Plaintiff on August 10, 2009, is a loan claim against the Defendant (hereinafter “instant loan claim”).
(C) On June 9, 2010, “F and E, etc. shall jointly and severally pay to the Credit Guarantee Fund KRW 2,867,776,94 and interest or delay damages thereon,” which became final and conclusive on June 29, 2010 (Seoul Western District Court).