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(영문) 인천지방법원 2019.06.14 2018가합59433
손해배상(기)
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 1,707,141,501 and as a result, from May 15, 2015 to September 22, 2018.

Reasons

In fact, the following facts are not disputed between the parties, or are recognized by comprehensively taking account of the respective descriptions of Gap evidence 1 and 2 and the overall purport of arguments.

While Defendant B, as the representative director of Defendant C Co., Ltd. (hereinafter “Defendant C”), was operating, on June 2013, Defendant B established the Plaintiff (F Co., Ltd.) for the purpose of development, operation, etc. of “E golf practice range” on the first and third floors above ground located in Yeonsu-gu Incheon Metropolitan City (hereinafter “instant golf practice range”), and served as the representative director.

Defendant C owned all the Plaintiff’s shares.

Defendant B, such as the construction contract between the Plaintiff and the Defendant C, entered into a contract with Defendant C to set the construction cost of the instant golf practice range as KRW 10,971,400,000 (including value-added tax) in the capacity of each representative director of the Plaintiff and the Defendant C.

The instant golf practice range was completed on November 2014, and the Plaintiff began operating the golf practice range around that time.

On December 8, 2014, after the completion of the instant golf driving range, the content of the said contract was changed several times, and the construction amount was finally changed to KRW 15,151,60,000 (including value-added tax).

By January 15, 2015, the Plaintiff paid the construction price to Defendant C with cash payment and the issuance of electronic bills.

Defendant B’s additional remittance to Defendant C and issuance of electronic bills, on January 16, 2015, transferred KRW 10,000,000, out of the money deposited in the account of the Industrial Bank of Korea in the Plaintiff’s name to the account of the Industrial Bank of Korea under the name of the Plaintiff C, and subsequently repaid Defendant C’s obligations. From that time, the sum of KRW 537,672,501, totaling 26 times until May 15, 2015, was transferred from the Plaintiff’s account to the Defendant C’s account and used it as repayment of Defendant C’s obligations.

On January 19, 2015, Defendant B was provided with sufficient security from Defendant C, and is also reasonable to recover the amount of the bill.

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