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(영문) 전주지방법원 2017.10.27 2016나8421
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

In fact, E Co., Ltd. (hereinafter referred to as “E”) was incorporated on June 17, 2013 as a corporation for the purpose of housing construction business, etc., and C is registered as E’s internal director from the date of establishment to June 26, 2013, and from June 27, 2014 to December 19, 2014, from the date of establishment to December 19, 2014.

The defendant was the inside director of E from February 17, 2014 to December 19, 2014.

F Co., Ltd. (hereinafter referred to as “F”) was established on January 5, 2015 as a corporation for housing construction business, etc., and D is the F’s representative director.

(1) On November 22, 2013, the Plaintiff entered into a sales contract for the instant land with E, and the Plaintiff is deemed to be the instant land by adding up the instant two parcels of land to “instant land”, which was owned by the Plaintiff at the time, 1,191 square meters of G field and H 4,306 square meters of land owned by the Plaintiff at the time.

Of the above G’s 1100 square meters from H to sale KRW 525 million to E; the down payment of KRW 60 million shall be paid on January 10, 2014; the remaining amount of KRW 465 million shall be calculated separately at the time of the increase in the number of ordinary revenues; and the installment expenses shall be borne by E (hereinafter “the first sales contract”).

(B) On February 25, 2014, the Plaintiff entered into a sales contract (A evidence 1-1) with the Defendant to sell the instant land in the amount of KRW 780 million on the same day, and completed the registration of transfer of ownership for the entire instant land on the same day, based on the said sales contract (hereinafter “the second sales contract”) in the Defendant’s future.

3 The registration of creation of a right to collateral security and superficies was completed on the instant land with a maximum claim amount of KRW 30 million, the debtor, the plaintiff, and the mortgagee-mortgage agricultural cooperative, but on February 25, 2014, each of the above registrations was made on the ground of termination.

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