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(영문) 서울서부지방법원 2021.01.13 2019가합38345
투자금 등 반환청구의 소
Text

The defendant shall pay to the plaintiff KRW 759,295,742 as well as KRW 402,339,150 among them, from January 14, 2012 to the day of full payment.

Reasons

1. Basic facts

A. On April 23, 2003, the Plaintiff entered into a partnership agreement with Nonparty C (the father of Defendant D’s representative) and Gwangjubuk-gu Ecom, and paid C totaling KRW 400 million according to the above partnership agreement. Nonparty F guaranteed C’s obligation to return KRW 400 million to the Plaintiff.

B. On May 16, 2005, the Plaintiff notified the termination of the agreement to operate the same business on the grounds that C does not properly pay dividends under the agreement to operate the business, and filed a lawsuit against C with the Gwangju District Court 2005 at 5500,000. In the above case, the Gwangju District Court’s termination of the agreement to operate the business on August 17, 2007, “The termination of the agreement to operate the Plaintiff caused C’s nonperformance of obligations. Therefore, C is legitimate. As the Plaintiff’s termination of the agreement to operate the business on the ground that (i) KRW 400,000,000,000, which deducts KRW 100,000,000,000,000 won, (ii) KRW 32,339,150,000,000 and KRW 402,39,39,150,0000,000,0000,000 won,00

The Court ruled.

The judgment was pronounced, and the above judgment became final and conclusive on September 6, 2007 (hereinafter the above judgment was referred to as "the previous judgment of this case"). D.

C on June 24, 2011, when establishing a defendant for the purpose of acquiring, arranging, etc. real estate for auction and public sale at KRW 1 million, the defendant registered his/her dependent H as his/her in-house director and son as an auditor. On March 18, 2013, D was appointed as an in-house director of the defendant company.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, and 18, respectively.

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