beta
(영문) 울산지방법원 2016.07.07 2014가합7274

보관금반환

Text

1. The Defendant’s KRW 185,661,240 for the Plaintiff and KRW 5% per annum from November 21, 2014 to July 7, 2016 for the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned operate C gas filling stations and D gas filling stations as companies that sell liquefied petroleum products, service business, etc.

From May 9, 2007 to January 18, 2012, the Defendant served as the Plaintiff’s representative director, and the Defendant’s wife served as the Plaintiff’s representative director from January 18, 2012 to April 26, 2013.

B. On January 31, 2012, E (D gas filling stations) filed an application for corporate rehabilitation with the Ulsan District Court 2012 Gohap3, and appointed the Plaintiff, a rehabilitation company, as the manager on February 29, 2012. On June 18, 2012, the sales of D gas filling stations and land owned by the Plaintiff was sold at KRW 2,950,000,000.

C. E paid the proceeds of sale to the Defendant as KRW 2,950,000 in the purchase price and the Defendant’s payment of KRW 15,00,00 in the Plaintiff’s debt to the Plaintiff, the Korea Credit Guarantee Fund, etc., and the Defendant paid KRW 15,00,00 in the name of repayment for F on February 15, 2013; and KRW 185,61,240 in the name of joint and several liability repayment for Han Bank Co., Ltd. (hereinafter “I Bank”) on March 29, 2013; and KRW 185,61,240 in the name of joint and several liability repayment for Han Bank Co., Ltd. (hereinafter “I Bank”); and KRW 19,20,000 in the land sale price.

The plaintiff filed a complaint against E with occupational embezzlement, but the Ulsan District Prosecutors' Office decided that E was not prosecuted for lack of evidence.

[Ground of recognition] The fact that there has been no dispute, each entry of Gap's 1 through 8 (including a branch number, if any; hereinafter the same shall apply), the result of this court's order to submit financial transaction information to the Director of the National Bank Business Support Center, and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1 E sold D gas filling stations, etc. owned by the Plaintiff to KRW 2,950,00,000, and paid KRW 219,861,240 out of the proceeds of sale to the Defendant under the pretext of the repayment of joint and several liability obligations to one bank.

The defendant shall make the plaintiff's money in collusion with E.