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(영문) 서울중앙지방법원 2017.12.21 2017가합506931
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff (1) is a stock company with the purpose of recreation industry, travel agency business, and real estate agency business. 2) The defendant B stock company (hereinafter collectively referred to as the "defendant company") is a stock company established on July 8, 2005 for tourism, accommodation business, and travel agency business, etc. The defendant C is a stock company established on July 8, 2005. The defendant C is from January 28, 2008 to March 19, 2012, and the defendant D is a person who served as the representative director of the defendant company from March 27, 2008 to March 27, 2008, and the defendant D is a child of the defendant C.

3) The Republic of Korea (hereinafter referred to as the “instant resort”) shall be the instant resort in the detailed Radra Food City of the Philippines.

(2) A business that develops and sells and operates a business (hereinafter referred to as “instant business”)

In order to proceed, the Defendants received investments in the Korea Electric Cable Corporation and are local corporations (G, hereinafter referred to as “G”) in the Republic of Subdivision.

(4) The instant resort was completed around 2009, and G completed the registration of the instant resort in its name in accordance with the laws of the Republic of the Philippines, and operated the instant resort from around that time.

B. On May 9, 2006, with regard to the instant agreement, the Plaintiff and the Defendant Company: (a) led the instant business on May 9, 2006; (b) granted the Plaintiff or the company designated by the Plaintiff the right to operate all water-related leisure sports in the resort; (c) to sell to the Plaintiff 20 units of containers in the resort at cost 20 units; and (d) to pay 300 million won with the agreed amount to the Defendant Company (hereinafter “Agreement on May 9, 2006”).

The plaintiff's representative director H transferred KRW 300 million to the defendant company on May 17, 2006. The plaintiff transferred the above KRW 300 million to the defendant company, and the plaintiff was a party to the plaintiff's case around November 28, 2005 (the defendant C was a representative director).

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