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(영문) 광주지방법원 2016.06.10 2015가합57579
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant Limited Company B (hereinafter “Defendant Company”) is a corporation established for the purpose of filling liquefied petroleum gas, and the Defendant C was the only director of the Defendant Company from June 27, 2012 to February 20, 2014.

B. On December 4, 2007, Nonparty G and D, a company supplying liquefied petroleum gas, etc., concluded a lease agreement with the effect that they lose the benefit of the above loan and pay a penalty of KRW 200 million to D for the said loan if they violate the above separate supply agreement (hereinafter “the instant lease agreement”) and set up a collateral security right as to the instant real estate, instead of leasing KRW 200 million to Nonparty G and D, a company operating a liquefied petroleum gas charging station and household liquefied petroleum gas sales store (hereinafter “instant charging station”) at a building on each of the above land (hereinafter “instant real estate”).

C. On June 19, 2009, the Plaintiff acquired the real estate of this case and the right to the instant filling station, etc. from Nonparty H, who acquired the business license, sales license, etc. for the instant real estate from G, and the instant filling station, etc. (excluding the right to business license, sales license, etc. of liquefied petroleum gas sales stores for home use) with KRW 830 million.

In addition, on May 11, 2010, the Plaintiff acquired all rights to the above domestic liquefied petroleum gas sales store's business license and sales license from H from Nonparty I who purchased the above domestic liquefied petroleum gas sales store's license and sales license from H in total at KRW 40 million.

On November 2, 2010, the Plaintiff entered into a contract for acquisition of a contract and alteration of a right to collateral security, which seeks to succeed to the status of G as the debtor in the instant loan agreement with D Co., Ltd., a creditor-mortgage-mortgage-mortgage-mortgage-mortgage-based.

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