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(영문) 서울중앙지방법원 2018.07.25 2016가합566387

손해배상(기)

Text

The Defendants jointly share KRW 600,335,435 to the Plaintiff, as well as 5% per annum from September 22, 2015 to January 25, 2017.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C’s written agreement 1) around April 2014, the Plaintiff is a factory located in Osan-si F (hereinafter “Osan-si”).

3) The machinery and equipment in the Osan Factory (hereinafter referred to as “instant machinery and equipment”) shall be all of the machinery and equipment after the operation of the factory was suspended.

(2) On May 7, 2015, Defendant C and the instant machinery and equipment are sold to Defendant C in the form of KRW 3,850,000,00 (excluding value-added tax; hereinafter the same shall apply) in the course of physical coloring a person to purchase.

2) The written agreement to trade (hereinafter “instant agreement”) is called the agreement to trade.

(2) According to the instant agreement, Defendant C entered into this contract in the form of the sales contract attached thereto, if the Plaintiff pays 10% of the purchase price to the first down payment until May 8, 2015, and 40% of the purchase price to the second down payment until May 18, 2015.

3) For the purpose of concluding this Agreement, Defendant C’s Defendant B Co., Ltd. (hereinafter “Defendant Company”) whose representative director is the mother G on May 13, 2015, as the representative director.

Defendant D is the former director of the Defendant Company, and Defendant E is a director and a field director of the Defendant Company’s registration (hereinafter collectively referred to as Defendant C, D, and E). When referring to Defendant C, D, and E, hereinafter referred to as “Defendant C”.

4) On the other hand, the instant machinery is a facility that manufactures crates, and each part of the facilities that process various stages of processes is linked in horizontal line to horizontal line as a whole.

B. In accordance with the instant agreement from May 6, 2015 to May 19, 2019, Defendant C paid the Plaintiff KRW 1,925,00,000 in total with the first down payment and the second down payment. On May 22, 2015, the Plaintiff was the sales contract for the instant machinery and equipment with the Defendant Company (hereinafter “instant sales contract”).

2) Of the instant sales contract, the content relating to the instant case is as follows.

The term “A” refers to the Plaintiff, and the term “B” refers to the Defendant.