채권자대위에 의한 부당이득금 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts under the basis of facts may be found either in dispute between the parties or in each entry in Gap evidence 1 to 5 (including paper numbers) by integrating the purpose of the entire pleadings.
The Plaintiff is a company engaged in metal heat processing and thermal temperature facility business, and D (mutual name E: hereinafter referred to as “non-party company”) is a company engaged in boiler manufacturing and sales business, etc., and F is a internal director of the non-party company.
B. On December 10, 2013, the Plaintiff filed a lawsuit against the non-party company and the non-party company seeking refund of KRW 172,071,232 invested by the Plaintiff pursuant to an investment contract concluded around March 24, 2013 between the Plaintiff and the non-party company (Cheongju District Court 2013Gahap27159) and was ruled against the Plaintiff on June 18, 2014.
C. The Plaintiff is dissatisfied with the above judgment of the first instance court and appealed [the Daejeon High Court (Cheongju) 2014Na20807, hereinafter “relevant case”) and the conciliation was concluded on June 16, 2016 at the above appellate court. The contents related to the instant case are as follows.
① A non-party company and F shall be jointly and severally paid to the Plaintiff KRW 170 million, but the amount of KRW 90 million shall be KRW 40 million until July 29, 2016, and KRW 40 million until December 31, 2016, and KRW 40 million until June 30, 2017.
② If the non-party company and F delays the payment of the above money on one occasion, the non-party company and F shall jointly and severally pay to the Plaintiff the remainder, excluding the money already paid from 190 million won, plus damages for delay at the rate of 20% per annum from the day after delay to the day of complete payment.
F After completing registration of ownership preservation on September 7, 2015 on the real estate listed in the separate sheet (hereinafter “instant building”), F completed registration of ownership transfer to the Defendant on the same day as on September 7, 2015 on the same day (hereinafter “instant registration of ownership”). The Defendant divorced on June 24, 1987 from F and August 20, 1987, but re-Marriage on November 25, 198.