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(영문) 수원지방법원성남지원 2016.01.08 2013가단41652

손해배상반환

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The party status 1) Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”)

(2) The Defendant C, upon the recommendation of the Plaintiff A, was employed by the Defendant Company as the vice president from January 28, 2002 to January 20, 201, when it had been employed as the network network, communication network, and manufacturing network and parts, and the Plaintiff A, who had been employed as the vice president from January 11, 201, was established. The Plaintiff invested in the name of the Plaintiff B, instead of the name of the Plaintiff at the time of its establishment due to the relationship with the business of the Defendant Company and the above E. The Plaintiff invested in the name of the Plaintiff at the time of its establishment. The Defendant C had been working as the vice president of the Plaintiff Company, and had been employed as the representative director of the Defendant Company from January 28, 202 to from January 20, 201.

B. The Plaintiff’s statement that it is difficult to operate the Defendant Company due to the financial shortage from the Defendant C, and caused the wife G to transfer the total sum of KRW 500 million to the Defendant Company’s account in the name of the Defendant C (hereinafter “the instant money”) with the operating capital of the Defendant Company. < Amended by Presidential Decree No. 17817, Dec. 26, 2002; Presidential Decree No. 17068, Feb. 25, 2003; Presidential Decree No. 18173, Mar. 27, 2003; Presidential Decree No. 17090, May 23, 2003; Presidential Decree No. 17090, Dec. 12, 2002>

C. Defendant C transferred the transferred KRW 500 million to the Industrial Bank of Korea account of the Defendant Company on the same day. The representative director in the name of the Defendant C processed the transferred money as the cash, and used it as the operating fund of the Defendant Company, such as employees’ wages, office rents, and the purchase cost of parts. In addition, Defendant C borrowed KRW 500 million individually from H, and used part of it as the cash deposited in the Defendant Company.

On the other hand, the defendant C is once 1/12 for the purpose of proper resolution and improvement of financial structure around November 2003.