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(영문) 대전지방법원 2016.11.30 2016가단14574

편취금

Text

1. Defendant C shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from June 9, 2016 to the date of full payment.

Reasons

1. Basic facts

A. From November 29, 2005 to February 8, 2007, Defendant C served as the representative director of Company D (hereinafter “Nonindicted Company E”).

The non-party company acquired the ownership of the F forest land in Chungcheongnam-dong, Chungcheongnam-do (hereinafter “instant land”) for the purpose of creating an industrial complex, etc.

After completing the registration of ownership transfer on the instant land on December 29, 2006, Nonparty Company completed the registration of ownership transfer on July 27, 2007, and completed the registration of ownership transfer on October 30, 2007.

B. On December 27, 2006, the non-party company entered into a service contract with Defendant B with the content that the non-party company shall receive consulting services on the purchase, use, etc. of the instant land from Defendant B, and in return, pay 3,014 of the instant land as a substitute.

C. On January 15, 2007, the Plaintiff and the Defendants agreed to the effect that “Defendant B transferred 1,000 of the instant land at KRW 3,014, which the Plaintiff agreed to receive as a substitute for the service payment from the Nonparty Company, to the Plaintiff, and the Nonparty Company transferred 1,000 square meters received from the Defendant Company as desired by the Plaintiff without any condition as to the 1,000 square meters received from the Defendant, and even at the time of sale before the development, the Plaintiff has the same right as the Nonparty Company.”

On November 6, 2007, the non-party company entered into a sales contract with the Plaintiff (the defendant C, even though retired from the representative director of the non-party company on February 8, 2007, entered into a sales contract and entered into a written statement of performance under the qualification of the representative director of the non-party company) on the 500 square meters out of the land of this case, and agreed to deliver all documents necessary for the delivery of the subject matter of sale and the change of name until December 30, 2008.

In addition, the non-party company is above the plaintiff on the same day until December 30, 208.