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(영문) 부산지방법원동부지원 2015.04.10 2014가합102851
구상금
Text

1. The Defendant’s annual period from December 11, 2004 to December 31, 2014, as to KRW 330,000 and KRW 200,000 among the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff is a person who was the owner of the building of Ulsan-gun C, Ulsan-gun and 660 square meters and its third-story above ground (hereinafter “instant real estate”) (Ulsan District Court No. 102692, Nov. 22, 2001) and was engaged in restaurant business in the said building.

(2) The defendant is currently the representative director of D, who actually operated D Co., Ltd. (former trade name: E Co., Ltd.; hereinafter referred to as “Co., Ltd.”).

B. Around February 2003, F (1) around February 2003, F invested more than KRW 200 million to the Defendant in purchasing (hereinafter “instant factory, etc.”) the factory and its factory land (hereinafter “instant factory, etc.”) operated by the Defendant through the auction procedure, and was appointed as the representative director of G.

(2) Even after the F assumed office as the representative director, G was practically operated by the Defendant.

C. (1) Around 2003, the Defendant changed the name of G to E and transferred the instant real estate in the form of payment in kind to F upon request from F on December 2004 and agreed to transfer the instant factory, etc. to the Defendant (the representative director of G from F to the Defendant) the actual ownership of the instant factory, etc. to F.

(2) On December 10, 2004, the Plaintiff entered into a contract with F to sell the instant real estate in KRW 500 million (hereinafter “instant sales contract”). On December 10, 2004, the Plaintiff paid KRW 200 million to F on behalf of the Plaintiff the Defendant’s debt to F, deducted the said KRW 200 million from the purchase price, and agreed to acquire KRW 10 million for the instant real estate loans and to deduct KRW 10 million from the purchase price.

(1) The Plaintiff’s lease, etc. (1) on December 1, 2004, among KRW 100,000,000,000 paid from F pursuant to the instant sales contract.

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