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(영문) 부산지방법원 2015.09.10 2013가합15572
손해배상(기)
Text

1. Defendant D’s KRW 85,530,00 and the Plaintiff’s annual rate of KRW 5% from September 24, 2012 to September 10, 2015.

Reasons

Basic Facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a corporation established on March 12, 2012 for the main purpose of a housing construction project and construction project, etc.; Defendant D is an auditor and a substantive operator of Defendant B; Defendant C is a husband of Defendant D and a director of Defendant B’s intra-company; Defendant E is a person who was on duty in Defendant B.

B. On July 16, 2012, the Plaintiff entered into a trade contract between the Plaintiff and Defendant B, and part of Defendant B and Mineyang-si F forest land (hereinafter “instant land”).

As to the sales price of KRW 97,500,000 (Evidence A2; hereinafter “instant First Sales Contract”)

(2) On September 21, 2012, the Plaintiff concluded a sales contract with Defendant B on July 15, 2012, the Plaintiff paid KRW 92,630,000 in total ( KRW 1,00,000 on July 15, 2012, KRW 30,000 on July 16, 2012, KRW 43,100,000 on July 18, 2012, and KRW 18,530,000 on July 23, 2012). (2) On September 21, 2012, the Plaintiff concluded a sales contract with Defendant B as KRW 6,347,6,347,6,37,737, and KRW 1,3227 (hereinafter “instant land sales contract”) with Defendant B’s share as KRW 30,300,00 on July 23, 2012.

The Plaintiff paid KRW 46,00,000 in total of the purchase price reduced by agreement with Defendant B ( KRW 1,00,000,000 on September 5, 2012, KRW 43,000,000 on September 11, 2012, KRW 2,000,000 on September 24, 2012, and KRW 46,000 on September 26, 2012). The Plaintiff completed the transfer registration on September 26, 2012.

3) The Plaintiff stated that the ownership transfer on the land No. 1 of this case did not exist, and the Plaintiff’s share of 496/532 of 532 square meters in lightyang-si prior to H 532 square meters in lieu of the land No. 1 of this case (hereinafter “instant land No. 3”).

(2) On October 4, 2012, the sales contract between Defendant B and Defendant B, which is KRW 97,500,000 for the land of this case (which will substitute for the payment of the first sales contract of this case) (hereinafter “the third sales contract of this case”).

(b).

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