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(영문) 서울중앙지방법원 2017.08.17 2015가합580805
금전지급청구 등
Text

1. Of the plaintiff's lawsuit against the defendant B, the part of the creditor subrogation claim and the lawsuit against the defendant national bank respectively.

Reasons

1. Basic facts

A. The Plaintiff, Defendant B, and Nonparty D were children of the network E and networkF, Defendant C was a corporation that was established on July 25, 1963 and engaged in export and import, manufacturing, and real estate leasing, etc., and was deemed dissolved on December 1, 2010, and was concluded on December 2, 2013.

Defendant B was in the position of the representative director of Defendant C from March 31, 1996 to December 1, 201, when Defendant C was dissolved, and the Plaintiff was in the position of the auditor of Defendant C from March 31, 1996 to March 31, 201, and from June 5, 2001 to March 30, 204.

B. Defendant B paid KRW 500 million to the Plaintiff according to the netF’s maintenance. Defendant B paid KRW 100 million out of the above KRW 500 million on October 10, 2002.

Meanwhile, from April 23, 199 to November 24, 2000, Defendant B paid to the Plaintiff KRW 3 million per month, KRW 2.4 million on December 22, 2000, and KRW 2.5 million each month from January 22, 2001 to September 24, 2002.

C. On December 12, 2005, Defendant B purchased the instant real estate from Defendant C in the amount of KRW 2,793,000,000 (hereinafter “instant sales contract”), and completed the registration of the transfer of ownership on December 15, 2005. On September 28, 2007, Defendant B completed the registration of the transfer of ownership of the instant real estate on September 28, 2007 with the maximum debt amount of KRW 1,196,000,000.

On July 14, 2016, Defendant B sold the instant real estate to Nonparty Munggas Co., Ltd. for KRW 6 billion, and completed the registration of ownership transfer on September 21, 2016.

On October 13, 2015, the Plaintiff was on the part of Defendant B.

The payment of the agreed amount as stated in the claim is KRW 400 million and its delay damages, the liquidation money of Defendant C, etc., and the sales contract of this case and the transfer registration of ownership of this case, and the establishment registration of neighboring mortgage (hereinafter “certificate of contents of this case”) were sent.

After October 18, 2015, the Plaintiff is Defendant B at the family conference where the Plaintiff’s children, etc. were present.

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