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(영문) 서울고등법원 2014.11.20 2013나67077
손해배상 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The time limit for subrogation of creditors among the plaintiffs' claims added at the trial.

Reasons

1. Basic facts

A. On October 17, 2008, G entered into an agreement with the Defendant (in this case, F was the sole representative director) under which the Defendant purchased a golf course at the time, for the purpose of development of the golf course, 15 billion won for the purchase of the land on the land outside 317,455m2 (hereinafter “instant land”). At the time of entering into a contract, G would pay 5 billion won as the down payment at the time of entering into the contract, and 10 billion won for the remainder of 10 billion won for the purpose of obtaining the permission for the golf course from the instant land by raising funds necessary for the golf course business and acquiring the permission for the golf course in this case, and pay it to the Defendant simultaneously (hereinafter “instant trade agreement”).

However, in the letter of the instant trade agreement (Evidence 5), the parties to the agreement include “Defendant Representative Director F (F)” and “G et al. (B)”.

B. G paid 3 billion won out of the down payment to the Defendant on the day of the instant sales agreement, and the said 3 billion won amount was raised by G from the Plaintiffs (Plaintiff A2 billion won, Plaintiff B250 million won, Plaintiff C750 million won).

C. After that, on November 10, 2008, the Defendant converted into a joint representative director system in order to facilitate the business of authorization and permission of golf courses on the instant land pursuant to the instant sales agreement, and G, along with the existing representative director F, was appointed as a joint representative director and completed the registration on November 14, 200.

However, G, without the consent of F, takes office as the joint representative, and without the consent of F, between the Plaintiffs on January 5, 2009, and “In the case of joint investments by the Plaintiffs in the membership golf course business with the instant land managed by the Defendant and G as the project site, G, with the project fund of KRW 15 billion and the instant land as the site for the golf course, is to develop the instant land as the site for the golf course, and distribute the business profit. However, Plaintiff A bears each share of KRW 40, Defendant and G, 40, 5%, and 15% of the Plaintiff C’s share.

Defendant and G are responsible for the instant land and are membership golf clubs.

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