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Reasons
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(영문) 서울중앙지방법원 2014.10.23 2013가합62259
양수대금 반환
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1. Defendant B Co., Ltd.: 500,000,000 won and 6% per annum from September 30, 2010 to April 3, 2014 to the Plaintiff.

Reasons

1. As to the claim against Defendant B

(a)the reasons for the indication of the claim and each description of the changed reasons for the claim;

(b) Judgment by public notice of applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

2. As to the claim against Defendant C Co., Ltd.

A. Basic facts 1) Defendant B Co., Ltd. (the trade name before the change on October 26, 2010): D and hereinafter “Defendant B”).

2) Defendant C Co., Ltd. (hereinafter “Defendant C”)

Around May 2005, the E Foundation (hereinafter referred to as the “E Foundation”)

(2) The Defendants entered into a contract for construction work with the E Foundation on May 23, 2005 with the name of the Joint Supply and Demand Company D, and with the name of the Joint Supply and Demand Company D and the name of the representative of the Defendant B at the time of the joint Supply and Demand Agreement to jointly carry out the project for construction work of the facilities in the Dobongan District, which is 25,004 (25,000,000,000 won for the construction work of the said facilities, and the Defendants completed the construction work until December 30, 2005, with the permission of changing the number of the joint Supply and Demand to the amount of 15,000,000,000 won for the construction work of the said facilities.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 3 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

B. The Plaintiff’s assertion 1) On June 1, 2005, the Plaintiff entered into a contract with joint contractors organized by the Defendants to acquire the right of sale of KRW 14,560,000, out of the right of sale of the mouth of the mouth of the mouth of the mouth that the Defendants are expected to receive payment in kind (hereinafter “instant transfer contract”).

On February 20, 2006, the above transfer price was changed to KRW 15,883,636,000, and the above transfer price was paid to the above joint supply and demand company.

However, 80,000 won of the entrance of the above wing party after that.

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