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(영문) 인천지방법원부천지원 2014.11.14 2014가단14742
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant runs the imported automobile maintenance business under the trade name of “C” and actually runs the imported automobile parts sales business while operating the stock company E (hereinafter “Nonindicted Company”) in which wife D is registered as the representative director.

B. The Plaintiff is running a motor vehicle maintenance business in the name of “F” and “G”.

C. On May 31, 2013, the Plaintiff transferred KRW 60 million, KRW 40 million on June 1, 2013, and KRW 100 million on the Nonparty Company’s account.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including branch numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. On May 31, 2013, the Plaintiff asserted that “If the Plaintiff invests KRW 100 million in the non-party company, 30% shares of the non-party company shall be transferred to the Plaintiff, registered as a registration director of the non-party company, the management of the non-party company shall be jointly conducted by the Plaintiff, and the payment as a director shall be made separately from the distribution of the above shares,” and the Plaintiff received KRW 100 million from the account transfer.

Accordingly, the Plaintiff suffered damages of KRW 100 million, and the Defendant is obligated to pay KRW 100 million and delay damages to the Plaintiff.

B. (1) First of all, we examine whether the Defendant deceptioned the Plaintiff and paid KRW 100 million to the Plaintiff.

(2) In full view of the statements and images of evidence Nos. 6 through 10 (including the number of evidence No. 6) and the purport of the entire pleadings in witness H’s testimony, if L, the K representative director of the K company, who is an executive officer of the Association of this case, has the right to import automobile replacement parts (hereinafter “the parts of this case”), in advance of KRW 100 million, with the import automobile replacement parts (hereinafter “the parts of this case”), the Plaintiff, Defendant, and M, who are the executive officer of the Association of this case.

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