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(영문) 울산지방법원 2014.11.28 2013가단31167
손해배상(기)
Text

1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 12, 2013 to November 28, 2014.

Reasons

1. Facts of recognition;

A. On January 2, 2009, the parties concerned constituted a substantive representative who established C Co., Ltd. (hereinafter “C”) and D is the Defendant’s married, and the Plaintiff entered into a partnership agreement with the Defendant to establish an E Co., Ltd. (hereinafter “E”) and to operate the said Co., Ltd. in fact with the Defendant on February 17, 2010. D, F, and G were investors in E, and H and I are inside directors and auditors of E.

B. On March 25, 2011, E entered into an apartment construction contract, and the Defendant’s defamation, etc. (1) E is a building site of 1,246 square meters in Ulsan-gu, Ulsan-gu before division from J on March 25, 201 (hereinafter “instant land before division”).

(2) On April 25, 2011, E purchased the instant land before the instant partition, and completed the registration of the right to claim ownership transfer in the name of E. (2) On June 21, 2011, E concluded a contract with L Co., Ltd. (hereinafter “L”) whereby L would undertake the construction of a main multi-purpose apartment (hereinafter “instant apartment”) on the ground before the instant partition by designating E as a contractor and L as a beneficiary.

3) On July 13, 201, the instant land before the instant partition was divided into G, I, F, H, H, and D: (i) 249.4 square meters for K, 249.3 square meters for M, 249.3 square meters for M, 249.3 square meters for N, 249.3 square meters for P, 249.3 square meters for P, 5 square meters for P, and on July 25, 2011, G was transferred to G, I, F, H, and 249.4 square meters for the same day; (ii) With respect to M, H, SH was newly constructed to 249.3 square meters for an apartment building; and (iii) with respect to 00 square meters for P, 249.3 square meters for P, 249.3 square meters for P, and 249.3 square meters for each of the instant lots of land, and the ownership transfer registration was completed between H and 241 square meters for each of the instant land.

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