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(영문) 대전지방법원 2016.04.20 2016가합84
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 107,462,712 and the interest rate of KRW 15% per annum from October 13, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The defendant is a stock company with the objective of purchasing and selling real estate and its management business.

On January 26, 2006, the Defendant was established by six persons, including C, Plaintiff, D, E, F, and G.

After the establishment of the defendant C, the representative director and the plaintiff were appointed respectively as the director, and thereafter the plaintiff was appointed as the representative director of the defendant on September 19, 2006, but resigned on February 20, 2008.

B. On December 21, 2006, H, the Defendant and the Plaintiff, the Plaintiff, entered into a consulting service contract with the content that the Plaintiff holds one-half of the shares in the management and operation of the charging station upon the completion of the permission for the filling station business. (2) On December 21, 2006, the Defendant agreed to purchase the instant K-owned land in the name other than L, not only KRW 580,000,000, in order to purchase the instant land owned by M in the name of L but also KRW 811,00,000, in the instant land. (30,000,000,000, in the instant land) on the same day. (30,000,000,000 won was paid to M in the same day.)

3) Accordingly, H decided to make an investment in full in the purchase price of the instant K land to the Defendant, contrary to the terms of the said consulting service agreement, and transferred KRW 300,000,000 to the account of the Plaintiff, a model N’s fraud, on January 10, 207. The Defendant wired KRW 200,000,000 out of the above KRW 300,000,000 to the intermediate payment account of the instant sales contract. H wired the remainder of the sales contract of this case to M as of February 15, 207. D directly wired KRW 280,000,000 to the account of M.

Accordingly, the defendant's land to H on March 26, 2007 at H is the gas charging business promoted by the defendant on the land of this case.

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