(영문) 대전지방법원천안지원 2013.09.27 2012가합11184

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(영문) 대전지방법원천안지원 2013.09.27 2012가합11184

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant was the representative director of the F Co., Ltd. (hereinafter “Nonindicted Company”) and the Selection G is the Defendant’s father, and the Selection H was the Vice Minister of Accounting and Accounting at the Nonparty Company.

B. On the first floor above the first floor of the FI located in ASEAN (hereinafter “instant hotel”) operated by the non-party company (hereinafter “the instant friendship”). As to the instant friendship, a formal lease agreement was concluded between the non-party company and the designated party H with the non-party company.

C. However, it appears that the management dispute arises in the non-party company and the auction on the hotel building of this case will begin, and the defendant suggested that the non-party company will conclude a sublease contract of this case if it pays KRW 300 million with deposit money to C, etc. to prevent auction.

Accordingly, C, D, and E requested the Plaintiff to make an investment of KRW 200,000,000,000,000,000 necessary for the lease deposit of the instant private loan. On May 201, the Plaintiff invested KRW 200,000,000 per annum 4,000,000 (24% per annum) to C, D, and E., with the said investment, C entered into a sub-lease contract with H, non-party company, and sub-lessee C, etc. for the instant private loan with the said investment amount.

E. However, C, etc. paid KRW 20 million to the non-party company around May 27, 201, and KRW 180 million around June 1, 201, and did not pay the remainder of KRW 100 million after the lapse of May 30, 2011, which is the remainder payment date.

Accordingly, the Defendant, as the representative director of the non-party company, sent the notice of invalidation as of June 14, 201 and the notice of termination of the contract as of June 20, 201, to the effect that the appointed party H will terminate the said sub-lease on the grounds of the unpaid balance of C, etc. as a sub-lease.

F. On June 20, 201, the Plaintiff found the hotel of this case and invested “the Plaintiff’s KRW 200 million and KRW 100 million to C, respectively.

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