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(영문) 울산지방법원 2018.09.19 2017가합25280
손해배상(기)
Text

1. As to KRW 191,50,000 and KRW 126,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 65,50,000 from July 8, 2014.

Reasons

1. Basic facts

A. Nonparty C Co., Ltd is a company established on February 13, 2014 for the purpose of engaging in aggregate extraction business, etc.

B. From February 2014 to October 2015, the Defendant is a person who has been in overall control over the business of managing company funds, etc. from March 2014 to July 2014, and the Plaintiff is a representative director of the said company who has been in service as the representative director of the said company from April 10 to January 28, 2015, and transferred the name of the said representative director of the said company to Nonparty D from January 28, 2015 to September 16, 2015.

Meanwhile, on January 28, 2015, when D assumed office as the representative director of C, the company's trade name was changed to E.

(hereinafter referred to as “E”, regardless of whether it is before or after the change.

On February 20, 2014, the Defendant recommended the Plaintiff to “Around February 20, 2014, the Plaintiff, with the permission to extract aggregate on the F farmland in Sejong-si, that if the Plaintiff runs the business of carrying out G forest land and sand of the F farmland in Sejong-si (hereinafter “instant business”), 6 billion won will be expected to accrue. However, if the Party invests KRW 300 million, the Defendant would pay KRW 3 billion out of the proceeds, which is 50 billion.”

Accordingly, the Plaintiff paid to the Defendant a total of KRW 2.5 million, including KRW 10 million on April 10, 2014, KRW 10 million on July 1, 2014, KRW 95 million on July 7, 2014, and KRW 2.5 million on July 7, 2014 (i.e., KRW 100 million (i., KRW 95 million); and the Defendant used KRW 156 million on April 10, 2014 to July 8, 2014.

E. In addition, around October 26, 2015, the Defendant concluded that, “Around October 26, 2015, the Plaintiff borrowed money to the Plaintiff for the purpose of repayment of personal debt repayment and H’s investment loan, the Defendant would promptly return the money when it is deemed that it would return it.”

F. Accordingly, on October 26, 2015, the Plaintiff (i.e., KRW 50 million) as a loan to the Defendant, and (ii) October 2015.

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