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(영문) 서울동부지방법원 2018.06.15 2017가단138303

손해배상(기)

Text

1. The Plaintiff:

(a) Defendant A: 115,446,490 Won;

B. Defendant B and C jointly with Defendant A, whichever is 20,149.

Reasons

1. Basic facts

A. The parties to the case and Defendant A, the related parties, changed their trade name to “J of the Co., Ltd.” after the Co., Ltd. D (hereinafter “Nonindicted Company”).

The present representative director of the non-party company, the Plaintiff entered into the first vicarious contract with the Defendant, and the second vicarious contract with the Defendants, respectively, as the actual representative director of the non-party company, and the second vicarious contract with the Defendants, who entered into the contract of this case with the non-party company as the wife of the Defendant A, as the nominal representative director of the non-party company, and Eul.

B. The Defendant A and E entered into the instant contract for the transfer of a corporation (hereinafter “instant contract for the transfer of a corporation”) under the name of the Defendant B becomes a non-party company, while the Defendant A and E were engaged in the business of newly constructing and selling a 31 parcel of land (the G forest and H forest and two parcels of land are owned by Defendant A), including the G forest and H forest, owned by the non-party company, on May 17, 2016, transferring the right to operate the corporation, including the non-party company’s shares, to KRW 3 billion (hereinafter “the instant contract for the transfer of a corporation”) between I (the actual transferee) and the non-party company. However, the Defendant B is deemed as the non-party company under the name of the Defendant B.

was concluded.

The subject of the transfer includes two parcels of forest land owned by Defendant A, and the subject of the transfer is the ownership of the loan-sale business and the land of the business.

Of the transfer price of KRW 3 billion, 2.2 billion shall be substituted by the acceptance of debt, and the remaining 800 million won of the down payment of KRW 50 million shall be paid KRW 200 million on June 10, 2016, and the second intermediate payment of KRW 50 million on June 30, 2016 (the date before the registration of a corporation) shall be paid respectively, and the remainder of KRW 500 million shall be replaced by one building to be newly constructed.

C. As Defendant A’s notification of cancellation of the instant transfer contract was not paid part of the intermediate payment under the said contract, the background and intent set forth in the preceding day prior to the preparation of the notice, which was already intended for the grace period of July 7, 2016, to I and E.