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(영문) 인천지방법원 2014.12.10 2013가합9624

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 2,500,000 as well as 5% per annum from March 28, 2014 to December 10, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a person who operated a duct factory with the trade name of “F” with the ASEAN, and Defendant D is a person who served as the representative director of Nonparty G Co., Ltd. (hereinafter “Co.”), a company operating a duct factory from July 8, 2010.

B. Around July 2012, the Plaintiff agreed to operate a joint business with Defendant D and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) by using the pipe machinery, etc. owned by G, and entered into an agreement to operate a joint business with G around July 5, 2012; “G was unable to pay KRW 20 million on May 30, 201, and KRW 35 million on August 30, 201, on the condition of receiving KRW 15 million on a total of KRW 70 million on July 4, 2012.”

C. Nonparty I, a inside director of the Defendant Company, resigned on August 30, 2012, and the Plaintiff was appointed as an inside director of the Defendant Company on the same day, and the location of the headquarters of the Defendant Company was changed from the former “J of G in Ginpo City to the “K and Bdong in Ginpo City,” and the representative of the Defendant Company was changed to the Plaintiff on the registration of business.

After that, on October 15, 2012, the Plaintiff resigned from the inside director of the Defendant Company, the Nonparty L, the wife of Defendant B, was appointed as the inside director of the Defendant Company, and the head office was transferred to the “Sansung M”, and the representative of the Defendant Company was changed to L on October 25, 2012.

On the other hand, on October 24, 2012, the Plaintiff established the Defendant Company C (O) with the same name as that of the Defendant Company and assumed office as an internal director.

The Plaintiff and Defendant B, which were currently used from October 16, 2012 to October 16, 2014, shall be the joint pipe, mileage, scambling machine of DUCT, which is used from October 16, 2012.