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(영문) 부산지방법원 2015.01.14 2013가합48404

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The following facts are not disputed between the parties, or are recognized in full view of Gap evidence 1, 3, 10, 11, 15 through 19 (including each number; hereinafter the same shall apply), Eul evidence 1, 2, 4, 5, 9, 25-1, 2, 25-2, and 29, witness C's testimony, and the purport of the entire pleadings as a result of the plaintiff's examination.

The pertinent Plaintiff was registered as the Defendant’s auditor from October 10, 2005 to September 10, 201, from November 30, 2005 to August 18, 201, and from May 30, 2012 to September 30, 2013.

By June 17, 2013, the Defendant was the representative director of the network D (Death on September 11, 2014). The Defendant established a limited liability corporation in China (hereinafter “E”) and had F, an infant of the said D, manage it as the representative director.

F has made E investing in G LLC (hereinafter referred to as “G”) and has been substantially operating both E and G.

Upon the aggravation of the G sale management, the Defendant decided to sell it, and the F sold shares with respect to G to H on June 23, 2010.

For the smooth sale of G, on May 19, 201, E renounced the full amount of loans to G, and on January 20, 201, the Plaintiff drafted a contract with H to sell G on May 24, 201 with the I Limited Liability Corporation (J) delegated the authority related to the sale of G.

The terms and conditions of the above contract were to take over loans to the Chinese official bank, and the next redemption was completed, but the sale procedure under the above contract was not completed.

The content and result of the relevant litigation (this Court 201Gahap6048) and on the other hand, the Magjin Electronic Co., Ltd. (hereinafter “Magjin Electronic Co., Ltd”) leased 1 set of SSD CHIP equipment (hereinafter “instant equipment”), which is an essential equipment for the operation of G around May 2009. However, the rent is overdue by October 201 and the rent is paid from G from February 201.