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(영문) 서울중앙지방법원 2018.09.04 2018나11748
상환금지급 등 청구
Text

1. Of the judgment of the court of first instance, the part against Defendant B, which corresponds to the following amount ordered to be paid.

Reasons

1. Basic facts

A. The relationship between the parties is a corporation with the objective of management consulting business.

Defendant B was the representative director of D Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) with the aim of consulting and providing services, etc., and was the vice-chairperson of the E-friendly conference at the time of February 2015, and Defendant C was the vice-chairperson of the E-friendly conference.

B. On February 16, 2015, the Plaintiff transferred KRW 22 million to the new bank account of Defendant C, which was written by Defendant B at Defendant B’s request.

(hereinafter “instant remittance”). C.

On January 2015, the Plaintiff and Nonparty Company’s 1) On January 2015, the Plaintiff and Nonparty Company’s 1st instance court (hereinafter “instant contract”) concluded a business management service agreement with Nonparty Company regarding an urban development project in the F Area and the 1,871 household apartment construction project

) The contract was concluded (the contract was drafted retrospectively as October 24, 2014).

(2) On December 31, 2015, the Plaintiff filed a lawsuit against Nonparty Company seeking payment of KRW 3,212,050,000, on the grounds that the Plaintiff’s service performance and the confirmation of PF in an urban development project was completed and the said project was completed (Seoul Central District Court 2015Gahap582849, hereinafter “instant litigation”).

(2) On December 8, 2016, the part of the claim of KRW 2,772,050,00 was accepted on the ground that the service performance, urban development project confirmation, etc. was conducted, and the judgment of the court of first instance was rendered to dismiss the claim of KRW 440,000 on the ground that the period for liquidation of the redevelopment association, which is the date the contract was completed, did not arrive and that it is not necessary to file a claim in advance. 2) The non-party company filed an appeal against the judgment of the appellate court (Seoul High Court 2017Na2002364), while the appellate court (Seoul High Court 201Na20364), the Plaintiff and the non-party company paid KRW 1,187,950,00 to the Plaintiff by September 8, 2017, as well as KRW 24,411,791 collected by the Plaintiff, as well as KRW 1,1875.

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