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(영문) 광주지방법원 2014.11.20 2013가단59130
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C Co., Ltd (trade name after the change: D Co., Ltd.; hereinafter “C”) is a company incorporated for the purpose of timber crushing business for the purpose of the construction waste interim disposal business.

B. The Defendant was the maximum creditor of C who holds a rehabilitation claim of KRW 332,653,020 against C under statutory management.

C. On November 8, 2011, the Plaintiff agreed to manage C by dividing the Plaintiff and F with shares of 50 large 50,000,000 won when C invested KRW 1 billion and C deviates from legal management.

Accordingly, the plaintiff paid to F an amount equivalent to KRW 200 million, and tried to secure management rights for C by acquiring C's bonds from the defendant.

On January 20, 2012, the Plaintiff and the Defendant concluded a contract for transfer and acquisition of claims against C and E’s shares, factories, and land owned by the Defendant (hereinafter “instant contract for transfer and acquisition”), and agreed to pay the down payment of KRW 30 million on the day of the contract, the intermediate payment of KRW 140 million on February 20, 2012, and KRW 560 million on February 28, 2012. Accordingly, the Plaintiff paid the Defendant the down payment of KRW 30 million.

E. However, the Plaintiff demanded the Defendant to prepare a separate transfer/acquisition contract regarding E in the form in which the transfer/acquisition contract of this case was prepared, and the Plaintiff and the Defendant prepared a transfer/acquisition contract with respect to E with a transfer amount of KRW 170 million (Evidence A 1).

[Reasons for Recognition] Evidence Nos. 1, 11 (the same as Evidence No. 8-4 of the same Act as Evidence No. 8-4 of the same Act), Eul evidence Nos. 1 through 7, 11 of the same Act, witness G and H testimony, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion (1) At the time of entering into the transfer contract of this case, E facilities (such as wood crushers, vehicles, and digging machines) and E's shares and factory sites.

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