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(영문) 서울중앙지방법원 2016.11.17 2015가합567581
손해배상 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The status of Defendant and interested parties 1) C Co., Ltd. (hereinafter “C”).

(D) and D Co., Ltd. (hereinafter “D”).

(2) The defendant worked as the representative director from January 16, 1995 to March 28, 1999, and held 99.8% of the C's equity interest. From September 5, 1995 to March 31, 1999, the defendant worked as the representative director of D and held 10% of the D's equity interest.

3) The Defendant’s birth, E, from February 1, 1999 to December 26, 201, served as C’s representative director, and served as D’s representative director from March 30, 2002 to December 26, 201. (b) The Plaintiff filed a lawsuit against C, as Seoul Central District Court Decision 2008Gahap2686, claiming the return of loans, etc., on March 21, 2008.

On November 28, 2008, the above court rendered a judgment that "C shall pay to the Plaintiff the amount of KRW 3 billion and the amount calculated at the rate of 20% per annum from May 29, 2007 to the date of full payment."

The above judgment was finalized on December 26, 2008.

2) On August 4, 2009, the Plaintiff, C, and E shall be paid KRW 3.9 billion to the Plaintiff until August 4, 2014, and KRW 200 million shall be paid within seven days from the date of this agreement, and KRW 200 million shall be paid from August 4, 2009 to August 4, 2014, and an opportunity for investment shall be discovered and presented. Accordingly, the amount of money paid to the Plaintiff and the amount equivalent to 50% of the investment profits derived from the Plaintiff’s investment opportunity shall be deducted from KRW 3.9 billion in order from the above KRW 3.9 billion. E agreed that the amount of money paid to the Plaintiff and the amount equivalent to 50 billion of the investment profits earned from the Plaintiff’s investment opportunity shall be deducted from the above KRW 3.9 billion.3) In order to repay the Plaintiff’s debt under the agreement on August 4, 2009, the Plaintiff paid KRW 3.00 billion from August 1, 2018.

C. The assignment contract between C and D, and the Plaintiff’s obligee’s right of revocation 1 C are stock companies.

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