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(영문) 서울중앙지방법원 2018.10.26 2017가합585859
손해배상 등 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are jointly and severally borne by the Plaintiffs.

Reasons

1. Defendant C, the actual operator of Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) which caused the Plaintiffs’ claim, entered into a false transfer/acquisition agreement with Defendant D on December 8, 2010 with the content of transferring the assets indicated in the Plaintiff Company’s attached list, and transferred the assets to Defendant D.

This transfer contract is null and void in accordance with Article 108 of the Civil Code as a false declaration of conspiracy, and is null and void in accordance with Article 374 (1) 1 of the Commercial Code as it disposes of important assets of the company without special resolution

Therefore, the Defendants are obligated to return their assets to the Plaintiff Company and the Plaintiff B, the representative of the Plaintiff Company.

In addition, Defendant C is liable for compensating the Plaintiff Company for damages caused by his occupational breach of trust. Since the assets of the Plaintiff Company that Defendant C transferred to Defendant C by falsity are KRW 50,000,000, the value of the assets of the Plaintiff Company that Defendant C transferred to Defendant D by falsity, Defendant C is liable for compensating the Plaintiffs for damages amounting to KRW 50,00,000.

2. The Plaintiffs, as evidence to prove the cause of the claim, submitted the evidence No. 1 and No. 2 (the result of the court search).

However, these documentary evidence alone is insufficient to recognize the fact that the plaintiffs' claim causes, and there is no other evidence.

3. In conclusion, the plaintiffs' claims against the defendants are all dismissed. It is so decided as per Disposition.

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