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(영문) 서울고등법원 2012.05.11 2009나120520
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. On March 26, 2003, D Co., Ltd. (hereinafter “D”) decided to newly construct a X hotel on the E Miscellaneous land 5,455m2, F 15,353m2, G field 90m2, G field 90m2 (hereinafter “instant land”). A Co., Ltd. (hereinafter “H”) concluded a contract with D Co., Ltd. (hereinafter “H”) and completed a provisional construction and a basic civil engineering work, and completed part of the underground reinforced concrete construction, while the debtor defaulted on the part of the instant land and the Incheon Y, Y, Z, AAB, AC, AC, and AD’s six parcels (hereinafter “instant land”). At the above auction procedure, D Co., Ltd. (hereinafter “D”) voluntarily auctioned the instant land and the instant land owned by D, Y, AB, AB, AC, and D’s six parcels, including the instant land, with the permission to sell the instant land at KRW 300,005,95.

(2) After that, I and J sold to K Co., Ltd. (hereinafter “K”), 6.1 billion won on August 8, 2005, and 1.2 billion won on the remaining six parcels of the land (No. 1, which is the sale of the instant land in KRW 10.3 billion, is the double contract executed for the project strike thereafter). On December 5, 2005, I and J changed the name of a hotel to be newly built on the ground of the instant project site into AE family hotel and transferred the status of the business entity.

(3) On August 20, 2005, K’s representative director L appointed Defendant C as the president of K and had Defendant C take charge of all external affairs, such as the contract of the said hotel construction. Since then, K’s representative director kept his seal in custody by Defendant C, used his seal in the progress of the business, and L did not object thereto.

On the other hand, at the time of K's establishment, L is 40% of the total stocks in its name, 30% of the total stocks in the name of O as spouse, and 30% of the remaining 30% in the name of AF, and Defendant C is 300 million won in relation to the above family hotel business on February 20, 2006.

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