logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.02.20 2013나10544
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Facts of recognition

Defendant C was the representative of the Chinese E Limited Corporation (hereinafter referred to as “E”), and Defendant C’s denial was the actual manager of Defendant C.

On the other hand, Defendant C is serving as the representative director of Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”).

E around May 2006, when preparing for opening a golf course called “F” (hereinafter “instant golf course”) in China’s Cheongdo, it recruited its members. However, the Plaintiff introduced the instant golf course from Defendant B and E’s head office, and decided to purchase two of the instant golf course membership at KRW 20 million at the discounted price per unit, and then paid KRW 5 million with the account in the name of G that introduced Defendant B, etc. around May 3, 2006, around KRW 5 million with the account in the name of G that introduced Defendant B, etc., and KRW 35 million with the account in the name of H, the head of E’s head office (hereinafter “price in this case”). However, the Plaintiff did not receive the membership agreement or membership.

Since then, G paid KRW 5 million to Defendant B, and H transferred KRW 25 million out of KRW 35 million received from the Plaintiff on May 25, 2006, to the account in the name of the Defendant Company. The remainder of KRW 10 million was withdrawn, and then was exchanged from the Chinese Cheongdo to B with Defendant C, and paid to the instant golf course operator.

Defendant C owned 60% of the shares of Defendant C and 15% of the J. However, on January 19, 2007, Defendant C, J and Defendant Co., Ltd entered into a contract to transfer 75% of the shares of E (hereinafter “instant transfer contract”) with a new golf Co., Ltd. (hereinafter “new golf”).

Article 2 (Contents of Stocks to be Transferred)

1.(3) Equity shares to be transferred: 75% of equity shares in E: KRW 800 million;

2. The repayment of all obligations and deposits related to E arising from the transfer of this Agreement and of the purchase price of membership shall be subject to the responsibility of the Defendant Company, the Defendant C, and the J.

Provided, That accounts payable in connection with the operation of E.

arrow