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(영문) 대전지방법원서산지원 2019.01.30 2017가단2498
부당이득금반환
Text

1. The defendant is limited to C on the real estate stated in the separate sheet for restoration of the authentic name.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs metal heat processing and thermal temperature facility business, etc.; D (a) is a company that manufactures and sells boiler, etc.; (b) C is an internal director of the non-party company.

B. On December 10, 2013, the Plaintiff filed a lawsuit against Nonparty Company and Nonparty Company seeking refund of KRW 172,071,232 invested by the Plaintiff pursuant to an investment contract concluded around March 24, 2013 between the Plaintiff and Nonparty Company (Cheongju District Court 2013Gahap27159), but was ruled against the Plaintiff on June 18, 2014.

C. The Plaintiff is dissatisfied with the above judgment of the first instance court and appealed [the Daejeon High Court (Cheongju) 2014Na20807, hereinafter “relevant case”) and the conciliation was concluded on June 16, 2016 at the above appellate court. The contents related to the instant case are as follows.

① A non-party company and C shall be jointly and severally paid to the Plaintiff KRW 170 million, but KRW 90 million shall be paid to the Plaintiff until July 29, 2016, KRW 40 million until December 31, 2016, and KRW 40 million until June 30, 2017.

② If the non-party company and C delays the payment of the above money on one occasion, the non-party company and C shall jointly and severally pay to the Plaintiff the remainder, excluding the money already paid from 190 million won, plus damages for delay at the rate of 20% per annum from the day after delay to the day of complete payment.

C paid KRW 90 million to the Plaintiff on July 29, 2016 in accordance with the mediation clause of the relevant case, but the remainder of KRW 80 million was not paid.

E. Meanwhile, C completed the registration of ownership transfer to the Defendant on September 7, 2015 on September 7, 2015, after completing the registration of ownership preservation on the real estate listed in the separate sheet (hereinafter “instant building”).

F. After marriage on June 24, 1987, the Defendant and C divorced on August 20, 1987, but again divorced on July 16, 2001 after marriage on November 25, 1988.

[Reasons for Recognition] A.

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