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(영문) 창원지방법원통영지원 2015.01.08 2013가단7393
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff asserts to the following purport. A. The plaintiff asserts to the following purport.

On October 13, 200, the Plaintiff borrowed KRW 350 million from Defendant B, and offered the Plaintiff’s cable broadcasting business license as collateral for the entire discharge area of Tong Young-si. The Plaintiff drafted a sales contract for cable broadcasting (Evidence A9 No. 1) in form.

700 Additional loans

B. From June 15, 2004 to July 28, 2008, the Plaintiff borrowed KRW 1 billion from Defendant B and his wife from Defendant C as collateral and offered cable broadcasting business rights in Tong Young-si E and some of F regions.

C. On July 16, 2009, the Plaintiff trusted the Plaintiff’s cable broadcasting business license to Defendant A for part of D, G, E, and F (H and I) in Tong-si. The Plaintiff drafted a cable broadcasting transfer agreement (Evidence A10 No. 1) in form.

A around October 7, 2009, Defendant B and Defendant C established J, a corporation with 50% shares of each of the 50% shares of Defendant B and Defendant C, and J, a corporation, in fact, conducted cable broadcasting in the Tong-young area.

On August 7, 2009, the Plaintiff: (a) held the title trust of the entirety of the transmission network owned by the Plaintiff (hereinafter “instant transmission network”); (b) drafted a sales contract for the transmission network (Evidence A1) in the form of a title trust with the Plaintiff-owned transmission network (hereinafter “instant transmission network”); and (c) drafted a sales contract for the transmission network (Evidence A11).

E. On January 25, 2011, the Defendants conspired to contribute to the cable broadcasting business and the instant transmission network, which the Plaintiff offered as security for transfer, to one broadcasting company (hereinafter “one broadcasting”) without the Plaintiff’s permission, to dispose of the same.

F. The Plaintiff, as a tort by the Defendants, sustained losses due to the loss of the cable broadcasting business and the transmission network, and seek for payment of KRW 100 million and its delay damages as part of the damages.

2. The Plaintiff’s claim against Defendant B and C is made at will the cable broadcasting business rights and transmission network owned by the Plaintiff, which the said Defendants offered through transfer for security or title trust.

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