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(영문) 서울동부지방법원 2014.12.23 2013가단53381

매매잔대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition [the grounds for recognition: Facts without dispute, Gap evidence 1 through 3, Gap evidence 5, Gap evidence 7 through 10, Gap evidence 14, Eul evidence 27 through 30, Eul evidence 1, 2, Eul evidence 7, 8, Eul evidence 14, Eul evidence 19 through 21, and the purport of the whole pleadings];

A. C served as a field manager, etc. from November 1, 1999 to August 201, 201 at a company D (hereinafter “foreign company”), and the Plaintiff is the wife of the Plaintiff, the representative director of the non-party company, and the director of the non-party company, who is the non-party company’s children, is the non-party company’s director, and the F is the partner of the non-party company from around 1999 to August 25, 201, while serving as the president in the non-party company in the position of the non-party company from around 201 to delegated the non-party company’s operation and management duties to the non-party company

B. On July 22, 2008, the Plaintiff concluded a sales contract (hereinafter “the instant sales contract”) with the Defendant to acquire the collateral security debt amounting to KRW 400 million (the maximum bond amounting to KRW 520 million, the debtor, the plaintiff, and the Myeoncheon Agricultural Cooperative, which is set up on the instant building) on July 22, 2008, by having the Defendant take over the collateral security debt amounting to KRW 1550 million (the maximum bond amount, KRW 520 million, KRW 500,000,000,000 from the remainder, and KRW 1550,000,000,000 from the remainder, to the extent that the contract is made on July 23, 2008.

C. 1) The Defendant received demand from F to open a bank account in the course of concluding the instant sales contract and received a request from the Defendant, on July 17, 2008, to the Agricultural Cooperative Account in his name (H; hereinafter “Defendant Account”).

(2) On July 17, 2008, the Plaintiff opened a bank account and opened the bank account in the process of concluding the instant sales contract and opened it to the National Bank Account J of the Plaintiff’s name and hereinafter “Plaintiff”).