logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2018.05.17 2017가합30346
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 2013, the Korean Association for Import and Export of Used Vehicles and Parts Distribution Cooperatives (hereinafter “Federation”) issued that “F, a real operator of the Plaintiff Company, who was a corporate association, donated KRW 2 billion in return for the selection of the Plaintiff Company to the executor of a used car logistics complex development project promoted by the Federation.”

B. Accordingly, the Plaintiff Company entered into a land sale agreement with the Federation on August 23, 2013, stating that “The Plaintiff Company shall pay KRW 2 billion to the Federation with donations made by the Federation” and “If the Plaintiff Company purchased the G Daily Land in Seosan-si and completed civil engineering works and sells it to the Federation by December 30, 2015, the Federation shall pay the Plaintiff Company KRW 280.4 billion to the Plaintiff Company in return.”

(No. 10) c.

After that, around May 21, 2014, the Federation stated, “B” to F of the Plaintiff Company, “The Plaintiff Company is not a land sale but a building to be used as a car company shall be sold to the members of the Federation, and then, it shall be sold to the members of the Federation. As our organization is established, 50 million won shall be exempted from the level of 1,000 specifications for occupancy.”

Accordingly, around August 2014, the Plaintiff Company F proposed that the representative director of H Co., Ltd. (hereinafter “H”) would act as a sales agent of the logistics complex, and H concluded a sales agency contract with the Plaintiff Company on August 29, 2014.

(1,2) E. of the evidence of heading 6.2

Since then, H paid to the Plaintiff Company KRW 250 million on September 26, 2014, KRW 30 million on October 30, 2014, and KRW 280 million on a total amount of KRW 30 million on October 30, 2014.

(B) Nos. 7-1, 2). (f) On the other hand, the F provided that “I will be given money to the Federation,” and H paid KRW 100 million to the Federation on October 28, 2014, KRW 50 million on December 5, 2014, and KRW 150 million on the aggregate.

(No. 1, 2, 9).

arrow