손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company established on April 3, 200 as the total number of issued and outstanding stocks (5,000 won per general share) 10,000 shares for the purpose of the used car sales business, and capital of 50,000,000 won. The Defendant was registered as the Plaintiff’s intra-company director from February 10, 2014 to March 31, 2017 as the Plaintiff’s employee who was engaged in the business of arranging used cars sales under the Plaintiff’s control of the company, and C was a shareholder, the representative director, and the intra-company director since its incorporation.
B. On December 2, 2013, the Defendant remitted KRW 45,000,00 to the Plaintiff’s bank account.
The Defendant acquired the Plaintiff’s 4,500 common shares (45% of shares) on March 13, 2014, but transferred them on April 6, 2017.
C. On November 1, 2014, the Defendant registered his/her business under the trade name “E” on the Seoul Yeongdeungpo-gu Seoul Metropolitan Government D and D 2nd floor, and thereafter conducts the business of selling and arranging used cars from that time.
[Ground of recognition] Facts without dispute, Gap evidence (if a serial number exists, including a serial number, unless the serial number is otherwise specified; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion that the defendant entered into a partnership business agreement with C to jointly conduct the business of selling used vehicles with C, paid investment amounting to KRW 45 million, and then appointed as the plaintiff's internal director and performed his duties, and received 45% of the plaintiff's shares from C.
Nevertheless, the defendant does not pay the following damages to the plaintiff or the agreed parking fees.
A claim for damages due to embezzlement of value-added tax is filed by the Plaintiff from April 1, 2012 to April 27, 2015, and the Plaintiff sells a heavy vehicle under the Plaintiff’s name and from April 2015 to April 27, 2015, total of 269,160,317 won from April 2012 to December 31, 2012, total of 52,528,590 won from January 1, 2013 to November 2013, total of 103,315,727 won from December 1, 2013 to December 31, 2013, total of 16,65,00 won from February 12, 2014 to April 27, 2015.