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(영문) 서울중앙지방법원 2017.04.07 2014가합572883
손해배상(기)
Text

1. Of the instant lawsuit, each obligee subrogation claim against Defendant B, F, D, and G is dismissed.

Reasons

1. Basic facts

A. The Plaintiff (propion trade name is H Co., Ltd.); and on October 27, 2008, the Plaintiff changed its trade name into the current trade name.

) A company engaged in real estate leasing business, etc., and is located in Gangnam-gu Seoul Metropolitan Government I J building (hereinafter “instant building”).

The Plaintiff’s major shareholder is the Plaintiff’s owner. K is the Plaintiff’s representative director until October 12, 201, and L is the Plaintiff’s director on October 12, 2002, who was appointed as the Plaintiff’s representative director on October 12, 2002, and appointed on September 22, 2012. (2) K and Defendant B did not normally pay inheritance tax and gift tax on September 2008, and donated the Plaintiff’s building owned by the Plaintiff to K’s children without paying inheritance tax and gift tax. In order to donate the Plaintiff’s building owned by the Plaintiff to the Plaintiff’s children, the Plaintiff’s building was financed by the bank as collateral of KRW 30 million from the bank to the Chinese steel company located in Hong Kong, and the Plaintiff’s investment loss was pretended to have been invested in the Chinese steel company, and at least KRW 4,400,000,000 of the total amount of the Plaintiff’s shares was changed to the Plaintiff’s shares, and at least 25,600,000,00.

(2) On September 12, 2008, K transferred the Plaintiff’s funds of USD 340,000 ($380,000 at the exchange rate at that time) that it had kept in its business under the pretext of expenses and fees for the establishment of the franchise in Hong Kong. On October 21, 2008, K transferred to Defendant B the Plaintiff’s funds of USD 340,000 ($380,000 at exchange rate at that time) as a security for the Plaintiff’s building owned by the Plaintiff of this case (hereinafter “new bank”).

(b).

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