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(영문) 인천지방법원부천지원 2015.11.20 2014가합8751
손해배상(기)
Text

1. The Defendant’s KRW 123,447,298 for the Plaintiff and KRW 20% per annum from November 22, 2014 to September 30, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is the company that manufactures automobile parts, and C is the Plaintiff’s internal director.

D The name of E was non-ferrous metal wholesale business, etc., and the pro-friendly F actually operated G Co., Ltd. (hereinafter referred to as “G”) with the representative director.

B. From March 30, 201 to April 201, 201, the Defendant, including the payment of investment money to the Plaintiff, paid the Plaintiff a total of KRW 100 million (hereinafter “instant investment money”) from March 30, 201 to April 1, 201. On January 17, 2014, the Plaintiff, C, and the Defendant confirmed that the remaining amount of investment to be returned by the Plaintiff to the Defendant was a cause of KRW 80 million, and C repaid the Defendant the said KRW 80 million by May 30, 2014, and the Plaintiff drafted a notarial deed of money loan agreement (No. 41 of the 2014 deed No. 12014, a notary public) with the content of joint and several liability for the Defendant.

C. On October 5, 201, the Plaintiff, including the Plaintiff’s supply and return of goods to G, and the storage of the Defendant, supplied the ice, which is an automobile part of KRW 286,513,091, to G. However, G was unable to pay the price and returned 1,475.21km to the Plaintiff on February 28, 2013 (hereinafter “instant goods”).

After that, on May 25, 2013, the Defendant, a creditor of the Plaintiff, stored the instant goods in the E-factory warehouse located in Hacheon-gu, Y (hereinafter “instant warehouse”). D.

On October 7, 2013, the new bank, which is a mortgagee of Pyeongtaek-si and 826 square meters (hereinafter “instant real estate”) with regard to the instant real estate owned by G, such as a voluntary auction on real estate owned by G, shall file an application for a voluntary auction (J; hereinafter “instant auction”) with the Suwon District Court for the instant real estate with the said court on the same month.

8. Voluntary decision on commencing auction was rendered.

E. On July 9, 2014, the Plaintiff, C, and Defendant, etc. prepared written agreements by the Plaintiff, C, and the Defendant, etc. shall return the instant investments.

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