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(영문) 수원지방법원평택지원 2016.12.21 2016가합266
전부금
Text

1. The Defendant’s payment of KRW 127,560,942 to Plaintiff A, KRW 245,843,218 to Plaintiff B, and each of the said money from May 3, 2016.

Reasons

Basic Facts

D Co., Ltd. D (hereinafter referred to as “D”) established around 1977 and engaged in the manufacture and sale of derived substances, the basic compound, and the chemical substance sales business, etc., and established the Defendant (the trade name at the time of “Co., Ltd. E” was changed to its trade name as of December 21, 2009) by dividing the warehouse and multimodal transport parts into physical parts through the resolution of board of directors on December 19, 2008.

D and the Defendant’s shares are owned by both F and their families.

D and the Defendant’s shares are 45.88%, F’s wife H 25.91%, 8.05%, 8.05%, 7.11%, 7.0%, 7.0%, 2.75%, and 3.30%, respectively.

D On December 24, 2008, on the ground of corporate division, D completed the registration of ownership transfer on the land 6158 square meters of Pyeongtaek-si G Miscellaneous land (hereinafter “instant land”).

The instant land is equipped with two tanks for liquid storage. The tank is connected with underground pipelines for transporting liquid liquid from the ship located adjacent to the port to the storage tank, and facilities for loading liquid liquid in the tank lorries are installed.

(hereinafter referred to as “instant storage tank” in total, including the aforementioned tank 2, underground pipes, and loading facilities. D, even after physical division of the Defendant, included the instant storage tank in tangible assets, and calculated tangible assets depreciation costs corresponding to corporate tax deductible expenses.

As of December 20, 2008, the following contracts for the use of liquid cargo storage tanks between the defendant and D, such as the preparation of a lease agreement between the defendant and D, are prepared:

(A) No. 1 of this Act, and the trade name of the defendant are currently written in their trade names (hereinafter referred to as the “first lease contract”). The terms used in this contract are defined as follows:

(1) The term “products” means liquid butane.

(2) The term “tank” is a liquid cargo storage tank owned by the Defendant on the land of Pyeongtaek-si and 6.

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