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(영문) 서울중앙지방법원 2016.09.08 2016나5770
구상금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

2...

Reasons

1. Basic facts

A. A. Around March 2005, the Defendant operated C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), which was engaged in the business of constructing and selling interest sets, requested the Plaintiff to introduce a person who is to make an investment, and requested the Plaintiff to request. The Plaintiff introduced D to the Defendant.

B. D provided that “the Plaintiff shall prepare a cash custody certificate and pay money to the Defendant on the face of the Plaintiff,” and that on March 10, 2005, the Plaintiff issued and delivered a cash custody certificate to D that “the Plaintiff shall pay KRW 300 million up to August 31, 2005,” and D invested KRW 200 million.

C. Meanwhile, on December 22, 2005, the non-party company and the defendant, as joint issuers, prepared a notarial deed of promissory notes dated February 28, 2006, with face value of KRW 200 million and due date.

In addition, on December 22, 2005, the Defendant drafted a share transfer contract with D stating that “The Defendant transferred 60,000 shares of the non-party company that he decided to take over from E to D, and D shall re-transfer the shares that he received on December 22, 2005 after receiving the payment of the amount which was paid in advance on the loan certificate, to the Defendant.”

D Based on the above cash custody certificate, D filed a lawsuit against the plaintiff as Suwon District Court 2007Gahap10156, and on April 25, 2008, the defendant (the plaintiff of this case) was sentenced to the plaintiff (D) to pay the plaintiff (D) KRW 150 million (the amount calculated by deducting D from KRW 200 million the repayment of KRW 50 million) and its delay damages. The plaintiff's appeal was dismissed on December 5, 2008, and the above judgment became final and conclusive around that time.

E. On February 9, 2010, the Plaintiff received a decision to commence individual rehabilitation procedures from the Seoul Central District Court; paid KRW 80,055,944 according to the rehabilitation plan; according to the rehabilitation plan, the Plaintiff paid KRW 1,352,314 each month from August 25, 2014 to January 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6 respectively.

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