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(영문) 인천지방법원부천지원 2014.07.24 2012가합6232

손해배상(기)

Text

1. Defendant E’s KRW 178,33,33 of the Plaintiff and its related KRW 5% per annum from February 2, 2012 to July 24, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a person operating the automobile repair business under the trade name of “G” from “G” in the Kimpo-si, and Nonparty H is a internal director of Nonparty J Co., Ltd. (hereinafter “J”) located in Kimpo-si, who promoted the relocation of the workplace together with the Plaintiff, as seen later.

Defendant B (hereinafter “Defendant Company”) is a legal entity that entered into the following sales contract with J, and Defendant C was the representative director of Defendant Company from October 25, 201 to July 12, 2012.

On the other hand, Defendant D was a person who performed accounting and other duties in the above J, and Defendant E was registered as an auditor of the Defendant Company.

B. On October 20, 201, the Defendant Company purchased from the J and the Defendant Company a parcel of land and a three-story maintenance factory building (hereinafter “instant place of business”) owned by the J and the Defendant Company for KRW 2.15 billion in the purchase price, and completed the registration of ownership transfer concerning the said place of business on November 30, 201.

C. The sales and purchase contract for the Plaintiff and H L’s land was in peace and friendship while selling the existing place of business of J as seen above, and also the Plaintiff (hereinafter, the Plaintiff and H combined with the Plaintiff, etc., referred to as “Plaintiff, etc.,” hereinafter), who was engaged in the automobile maintenance business system, was in coloring their respective places of business.

Therefore, in 201, the Plaintiff, etc. entered into a sales contract for the land outside M and 2, and the four parcels outside Kimpo-si, Kimpo-si (hereinafter “instant L”) and paid KRW 225 million as the down payment (Plaintiffs KRW 85 million and H 140 million).

On the other hand, on January 4, 2012, H invests a total of five billion won between Defendant C and E, which was known through a sales contract for the instant business establishment on January 4, 2012, thereby constructing a new automobile maintenance plant and establishing a new corporation on the land above L, and then distributing profits derived therefrom.