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(영문) 전주지방법원 2016.09.06 2015가단14350
손해배상(기)
Text

1. Defendant B and C: (a) from January 13, 2015 to May 13, 2015, Defendant B and C respectively to their respective Plaintiff.

Reasons

1. Basic facts

A. A. The Party E Co., Ltd. (hereinafter “E”) was incorporated on June 17, 2013 as a corporation for the purpose of housing construction business, etc., and Defendant C is registered as E’s internal director from the date of establishment to June 26, 2013, and from June 27, 2014 to December 19, 2014, from the date of establishment to December 19, 2014.

Defendant B was an internal director of E from February 17, 2014 to December 19, 2014.

The F Co., Ltd. (hereinafter referred to as “F”) was established on January 5, 2015 as a corporation for the purpose of housing construction business, etc., and Defendant D is the F’s representative director.

B. 1) On November 22, 2013, the Plaintiff entered into a sales contract for the instant land with E, and the Plaintiff is the Plaintiff’s “instant land” by adding up the instant two parcels of land to the Ginan-gun, Jinan-gun, Jinan-gun, which was owned by the Plaintiff at the time, and H 4,306 square meters (hereinafter “instant two parcels of land”).

Of the above G’s 1,100 square meters from H to sale 525,00,000 won for sale to E; the down payment of KRW 60,000,000 shall be paid on the date of the contract, the remaining amount of KRW 465,00,000 on January 10, 2014, and the amount shall be separately calculated at the time of increase in the number of ordinary revenues; the installment expenses shall be borne by E (hereinafter “the first sales contract”).

(2) On the same day, the Plaintiff entered into a sales contract (A No. 1-1) with Defendant B to sell the instant land at KRW 780,000,000,000 on January 10, 2014, which is the remaining payment date. (2) After which, on February 25, 2014, the Plaintiff completed the registration of ownership transfer for the entire instant land on the same day on the grounds of the above sales contract (hereinafter “the second sales contract”).

3 The instant land had been registered with the maximum debt amount of KRW 300,000,00, the debtor, the plaintiff, and the plaintiff-mortgage-based agricultural cooperative for the Jinan National Agricultural Cooperative for the collective security and superficies, but on February 2014.

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