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(영문) 서울동부지방법원 2017.10.20 2015가합110162
손해배상(기)
Text

1. Defendant B and D jointly KRW 700,000,000, and Defendant C jointly with the above Defendants, whichever is KRW 350,000,000.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Namyang-si, E field E, 3,249 square meters (hereinafter “instant land”). Defendant C is the husband of F, who was the former representative director of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”). Defendant D is a person who actually managed the Defendant Co., Ltd. as the husband of F, and Defendant D decided to acquire the Defendant Co., Ltd from Defendant C, and is a person who was appointed as the representative director on March 24, 2015.

B. On April 2014, Defendant D proposed that “When the ownership of the instant land is transferred by selling it to the Defendant Company, Defendant D received a loan as collateral and paid part of the purchase price, and the remainder of the purchase price will be paid after newly constructing a factory on the instant land.”

C. Accordingly, on May 15, 2014, the Plaintiff sold the instant land to KRW 1.5 billion between the Defendant Company and the Defendant Company (However, the sales contract was written as KRW 1.2 billion), and KRW 800 million out of the sales price was substituted by accepting the secured debt of the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”) established on the instant land by the Defendant Company in lieu of accepting the secured debt of KRW 800 million, and the remainder of KRW 700 million was concluded (hereinafter “instant sales contract”).

On July 1, 2014, the Defendant Company transferred the ownership of the instant land from the Plaintiff. On the same day, on the same day, the Defendant Company cancelled the said collateral by repaying the secured debt of an enterprise bank with the repayment of KRW 80 million, and then newly created one Bank the collateral (hereinafter referred to as “the collateral”) with the maximum debt amount of KRW 960 million with the maximum debt amount of KRW 10 million.

E. After Defendant D assumed office as the representative director of Defendant Company, on June 1, 2015, sold the instant land to G and H for KRW 1.31 billion on behalf of the Defendant Company, and completed the registration of ownership transfer on June 23, 2015, but remaining to the Plaintiff.

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