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(영문) 서울동부지방법원 2016.05.26 2014가합111502
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B and D jointly carry out KRW 1,200,000,000 as well as related thereto from June 14, 2012 to May 26, 2016.

Reasons

1. Basic facts

A. The Plaintiff Company was established on December 15, 2009 for the purpose of casino and other incidental facilities and operated G casino business in Jeju City F from February 8, 2010 (hereinafter “instant casino”).

B. Defendant B owned 25% of the shares of the Plaintiff Company in the name of Defendant C (the Plaintiff Company is registered as an internal director), and held 15% of the shares of the Plaintiff Company in the name of Defendant E (the Plaintiff Company is registered as an internal director), and held 15% of the shares of the Plaintiff Company in the name of Defendant E (the Plaintiff Company is registered as an internal director), and held office as the president of the Plaintiff Company, and H as the representative director of the Plaintiff Company, and 3

C. On April 4, 2012, the Plaintiff Company entered into a contract with the International Limited Company (hereinafter “Nonindicted Company”) to transfer or acquire all of the instant casino business rights and related assets to KRW 15 billion (hereinafter “instant contract”) (hereinafter “instant contract”).

Accordingly, on April 5, 2012, the non-party company issued to the Plaintiff Company a down payment of KRW 500 million on a cashier’s checks, and KRW 287 million on May 8, 2012, respectively, and paid KRW 200 million on May 8, 2012 in cash, KRW 54,2 million on June 12, 2012, KRW 658 billion on June 3, 2012, and KRW 400 million on June 13, 2012, respectively, and paid KRW 60 million on June 4, 2012 (three-party accounts, such as H, etc.), KRW 10 million on June 11, 2012, and KRW 350 million on June 25, 2012 (hereinafter “the down payment”).

E. Meanwhile, as of June 30, 2012, with regard to the receipt of the instant down payment of KRW 3.5 billion, the Plaintiff Company accounted for KRW 1 billion for H short-term loans of KRW 90 billion, Defendant C short-term loans of KRW 750 million, and Defendant E short-term loans of KRW 1110 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7, the purport of the whole pleadings

2. This.

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