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(영문) 부산지방법원 2015.04.15 2013가합15428
손해배상(기)
Text

1. The Plaintiff, Defendant B, as well as Defendant B, at the rate of 24% per annum from January 1, 2012 to the date of full payment.

Reasons

1. Basic facts

A. On October 201, 201, the Plaintiff received a waste treatment project proposal from Defendant B, who was an employee of Hask Construction around November 2, 201, related to the instant project, and was introduced to Defendant C, who was an employee of Hask Construction around November 2, 201.

On November 201, 201, Defendant C instructed the Plaintiff to register the company that can carry on waste disposal business in order to receive the waste disposal of the construction of a lot construction project as a sub-contractor, and the Plaintiff proposed a personal business entity called “E” as a sub-contractor, Defendant C said that it should be a corporate company in order to register as a lot construction sub-contractor.

B. Around January 18, 2012, the Plaintiff established H Co., Ltd. (hereinafter “H”) with the Plaintiff’s wife F (60% of shares) and the Plaintiff’s license for waste disposal business as joint representative director (40% of shares) and Defendant C as auditor.

On the other hand, on January 30, 2012, F and Defendant C prepared a share certificate and a sales and sales contract (Evidence A No. 3) stating that F will sell 60 million won of H’s shares to Defendant C. However, the said shares were gratuitously transferred to Defendant C, and Defendant C was registered as a shareholder holding 600 shares in H’s shareholder registry.

C. On February 21, 2012, the Plaintiff and Defendant C drafted an agreement with the effect that “The representative F of H shall pay to the auditor C KRW 15 million on February 20, 2012, and the representative F of H shall pay to the auditor KRW 15 million on the registration date of a company cooperating with construction, and shall pay KRW 20 million after one month after the date (hereinafter “instant agreement”). Defendant C received KRW 15 million from the Plaintiff on February 20, 2012.

H enter into a construction waste collection, transportation, and disposal contract between the G Apartment Construction around March 2012, and the said construction from March 8, 2012 to July 31, 2012.

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