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(영문) 서울중앙지방법원 2017.05.19 2016가합535468

구상금

Text

Defendant B’s KRW 930,00,000 and its amount are 5% per annum from June 30, 2016 to May 19, 2017.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd. (hereinafter “C”) established on June 28, 2007 for the purpose of the production and sale of puld products.

2) On September 7, 207, 200, 15,000 shares were issued. Of them, 15,000 shares were listed in the name of E and E and E, 7,500 shares each in the name of E and E, and the remaining 10,000 shares were listed in the name of Defendant B. 2) D recorded Defendant B as the representative director of Defendant C and had Defendant B operate Defendant C, and registered the establishment of a maximum debt amount of KRW 90,000 in the name of D with respect to Defendant C’s land and two factories and offices (hereinafter “instant land and buildings”). < Amended by Presidential Decree No. 20420, Sep. 7, 2007; Presidential Decree No. 20220, Sep. 2, 2007; Presidential Decree No. 200657, Sep. 2, 200, 200>

B. 1) The Plaintiff, the network H, Defendant B, etc.: (a) ordered Defendant B to sell the instant land and the instant building and the shares of the Defendant Company due to the difficulty in the operation of Defendant C; (b) Defendant B introduced the Plaintiff’s husband to the network H, etc.; and (c) D decided to transfer the instant land and the instant building and the shares of Defendant C to the network H, etc. in price of KRW 800 million; and (d) on October 10, 2008, the secured obligation under the name of the National Bank of Korea (the maximum amount of claim KRW 260 million) established on the instant land and the instant building was acquired by the network H.

In addition, a loan of KRW 500 million was decided to be granted.

D Of the above loans, the amount of KRW 250 million shall be paid to the network H, and the remaining amount of KRW 250 million shall be paid to the Defendant B at the request of the network H. 3) The Plaintiff, the network H, and the Defendant B shall, on June 2, 2008, pay for the purchase price of the instant land and the instant building and for the payment of the purchase price of the shares of Defendant C, by a notary public to D on June 2, 2008, a promissory note No. 2608 of the 2008 (hereinafter “instant authentic deed”).

was prepared and proposed.

(b).