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(영문) 부산지방법원 동부지원 2018.05.10 2017가합192
정산금등
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

Basic Facts

A. The pertinent Plaintiff, as an auditor of E Co., Ltd., operated a hotel with the trade name of “G” from “G” (hereinafter “instant hotel”).

Defendant B was engaged in real estate brokerage in the vicinity of the hotel of this case, and was in a marital relationship with Defendant C, and was in an internal relationship with the Plaintiff.

B. As the corporeal movables auction corporation in the hotel of this case supplied a brush, frush, spawru, and spawru, but did not receive the price for the goods, the Jeju District Court received a decision of performance recommendation as of January 21, 2006, and filed a request for auction of corporeal movables in the hotel of this case on February 28, 2006, and executed on March 2, 2006.

C. In order to auction the hotel of this case and to raise funds for the purchase and operation of the hotel of this case, E, a corporation acquiring the hotel of this case, from the Korea Development Bank and I, borrowed the building of this case and its site as collateral, but did not pay interest on the above loan obligations at any time.

Korea Development Bank and I applied for a voluntary auction of real estate with respect to the hotel of this case to Jeju District Court, and the decision to commence the auction of real estate was made on March 8, 2006 and August 1, 2006.

(J, K) The Plaintiff renounced the operation of the hotel of this case and moved to Busan who had originally resided, and transferred the operation of the hotel of this case to Defendant B.

Defendant C was appointed as the representative director of E Co., Ltd. on September 20, 2006, and around October 12, 2006, the trade name of the above company was changed to L Co., Ltd.

The hotel M & N entered into a contract for the transfer and acquisition of the right to operate the hotel of this case and the hotel of this case was awarded a successful bid in the voluntary auction procedure for the hotel of this case on September 3, 2007.

Defendant C around October 23, 2007: (a) around October 23, 2007, the period of the hotel of this case, vehicles, facilities, website, mutual right to use and operate the hotel of this case; and (b) around 240,000.

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