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(영문) 창원지방법원진주지원 2015.07.15 2014가합1440

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, along with C, D, etc., omitted the name of “stock company” of the corporation E (hereinafter referred to as “stock company”) around April 25, 201.

In establishing E, a person who invested KRW 150 million in its establishment fund. The plaintiff is a person who participated in E in order to prepare loans, etc. necessary for the operation of E after its establishment with F. 2) The defendant has invested KRW 150 million as an executive officer of E, and holds KRW 30 percent (90 million) out of E’s equity, and the plaintiff was appointed as an E’s representative director in return for investing KRW 200 million in the E’s equity (12,000). The plaintiff was appointed as a vice president of E in order to pay KRW 40 percent of E’s equity in return for investing KRW 200 million.

B. On September 30, 201, E, including the conclusion of a land sales contract, completed the registration of ownership transfer with respect to 1,073,300,000 won of the purchase price from the fixed-day company G and H (hereinafter “instant land”). Of the above KRW 150,000,000 invested by the Defendant, E paid KRW 114,000,000 as the down payment for the instant land sales. The instant land was provided as security to Busan Bank and paid KRW 80,000,000 as the remainder amount.

C. Plaintiff’s criminal punishment, etc. 1) The Plaintiff and F set up a collateral security (the maximum debt amount of KRW 360 million) for the rent construction of the instant land and borrowed KRW 300 million in E’s name. 2) The Plaintiff and F were indicted on the charge that personally used the loan of KRW 300 million and acquired property benefits and incurred damage equivalent to KRW 300 million in E, and the Plaintiff was punished by imprisonment with labor for 8 months, and the F was sentenced to 2 years of suspension of execution (the Busan District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2013No739) on April 5, 2013 and May 21, 2013.

3) F is KRW 200 million out of the amount of damage E in the course of the proceeding of the foregoing case (hereinafter “amount of damage and reimbursement”).

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