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(영문) 청주지방법원 2016.02.17 2014가합27378

손해배상(기)

Text

1. The Defendant’s KRW 120,000,000 as well as 20% per annum from May 3, 2011 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff Company is a corporation established for the purpose of producing, processing, and selling agricultural, fishery, and livestock products, while C and D are general partners of the Plaintiff Company and E and F as limited partners of the Plaintiff Company.

B. On April 26, 2004, H, who had been in charge of the Plaintiff Company’s tax payment business, had been KRW 29,750,380, the value-added tax was paid to the Plaintiff Company on April 26, 2004. Accordingly, the transfer has changed due to the change of transfer, and the transfer of KRW 29,750,280 from April 26, 2004 to March 15, 201, acquired a total of KRW 364,230,109,109, including by receiving the difference from the Plaintiff Company.

C. The Plaintiff Company H.

As stated in the foregoing, the criminal facts of embezzlement were accused, and H was convicted on September 9, 201 in the Cheongju District Court Decision 201Kadan590, Cheongju District Court Decision 2011. D.

On the other hand, on May 3, 201, I, the spouse of H, completed the registration of ownership transfer for the reason of the sales contract on May 2, 201, with respect to the apartment as stated in the attached list (hereinafter “instant apartment”).

Co. 710,50,000 won 72.5% E 134,750,000 won 13.75% F 122,50,000 won 12.5% D 12,250,000 won 1.25% 980,000,000 won

E. Since April 25, 2012, the details of the Plaintiff Company’s investment and equity shares are as follows.

F. The main contents of the Articles of Incorporation (hereinafter “instant Articles of Incorporation”) of the Plaintiff Company on February 11, 2009 (hereinafter “instant Articles of Incorporation”) are to operate the following business:

1. Production and processing of agricultural, fishery and livestock products;

2. Sales and distribution of agricultural, fishery, and livestock products;

3. Lease and storage;

4. Projects incidental to each subparagraph.

5. No member under Article 6 (Transfer of Shares) of a support and cooperative project for the development of the local community shall transfer his/her share without the consent of all the members;

Provided, That this shall not apply among the same members.