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(영문) 인천지방법원 2019.10.16 2018가단218426
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 19, 2006, the Plaintiff filed a lawsuit claiming the amount of reimbursement against B by the Incheon District Court 2006Kadan74296, and was awarded a favorable judgment on September 19, 2006.

For the purpose of the extension of the statute of limitations for the above claim for reimbursement, the Plaintiff applied for payment order from Incheon District Court 2016 tea 24955 and received payment order on September 22, 2016. The above payment order was finalized on April 5, 2017.

In light of the changed substitute payment, etc. thereafter, B is obligated to pay to the Plaintiff 79,012,127 won including the balance of the claim for reimbursement and finalized damages, penalty and the amount of substitute payment under the above judgment and payment order (i.e., 27,320,597 won in subrogation amount of KRW 49,484,484,358 won in subrogation amount of KRW 239,66,60 in substitute payment amount of KRW 1,966,69 in substitute payment amount of KRW 27,320,597 in substitute payment amount of KRW 27,320,59 in subrogation amount of KRW 27,320,358 in subrogation amount of KRW 358 from July 30, 204; 49,484,358 won in subrogation amount of KRW 18% per annum from the following day to May 31, 2005; and 20% per annum from the next day to July 6, 200% per annum.

B. On March 26, 1998, the establishment and closure of the relevant business entities and the personal relationship between the related persons (1) B was registered as the business name "D" with the Do gold, plastics, gold production, and Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, where the place of business was located, and was closed on August 26, 2004.

(2) On June 7, 2004, E Co., Ltd. was established with the purpose of running the business of withdrawing and manufacturing gold, etc. and the location of Bupyeong-gu Incheon Metropolitan Government F. G (H’s birth, the spouse of the H), and the representative director is working for G (H’s birth, the spouse of the Plaintiff).

On August 20, 2004, the representative director was replaced by I on August 20, 2004, and H worked as a director by March 4, 2005.

E Co., Ltd. was deemed dissolved under Article 520-2(1) of the Commercial Act on December 3, 2012.

J (B’s birth) registered its business on January 10, 2009 with K as “A” and closed its business on March 31, 2011.

(3) The Defendant Company is a synthetic resin on November 22, 2010.

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