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(영문) 수원지방법원 성남지원 2018.11.13 2017가합404876

기타(금전)

Text

1. The Defendant’s KRW 476,730,00 for the Plaintiff and KRW 6% per annum from May 16, 2008 to July 6, 2017.

Reasons

1. Basic facts

A. The Plaintiff’s restoration claim 1) The Plaintiff’s restoration claim against B, a stock company B (hereinafter “B”) around March 2007.

(2) On October 2, 2013, the Plaintiff filed a lawsuit (U.S. District Court Sungnam Branch Branch 2013Gahap203648) seeking restitution of the termination of the contract against B on December 28, 2007, and from May 16, 2008, the Plaintiff paid KRW 476,730,000 as the price for supply under the above contract. (2) The Plaintiff revoked the above order supply contract on the grounds that B did not fulfill its obligation to supply the high trends, and filed a lawsuit seeking restitution of the termination of the contract against B (U.S. District Court Sungnam Branch 2013Gahap203648).

3) On October 28, 2014, the above court rendered a judgment in favor of the Plaintiff that “B shall pay to the Plaintiff the amount of KRW 101,760,000 per annum 20% per annum from October 12, 2013 to the date of full payment, as the Plaintiff seeks, out of the amount of KRW 476,760,00,000 for high supply of estimated goods, and the above judgment became final and conclusive as it is. (b) B’s establishment process and main contents (i) C’s establishment process and main contents are “E” in Gangnam-gu Seoul Metropolitan Government D with the trade name of “E” (which is different from the above “SA”) and was engaged in the import business of agricultural products, and established B, a corporation for the purpose of carrying on the same business together with the Plaintiff, with the proposal for domestic freezing import business from F around December 2006.

(B) The matters concerning the head office, objectives, shareholders, and executive officers of B shall be as follows: Pyeongtaek-do Office G (Gu address: Pyeongtaek-gu address: H purpose of Pyeongtaek-si).

1. Trade business;

2. Wholesale and retail business of agricultural and fishery products;

3. Miscellaneous business:

4. Wholesale and retail business of healthy foods;

5. Wholesale and retail business of water purifiers;

6. A medical device wholesale and retail business;

7. Textiles wholesale and retail business;

8. Wholesale and retail business of motor vehicles and parts;

9. All incidental projects related to textile-related machinery 10. 11. Agricultural products processing business 12. Agricultural products referring to the ratio of stocks held by C35% as of the end of 2007 by the representative director C in-house director, as executive officers of agricultural products building business.

hereinafter the same shall apply);

J 35%, K 30% (transfer to L on April 9, 2007) as of the end of 2009 C35%.