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(영문) 서울중앙지방법원 2018.02.08 2017가합512370

기타(금전)

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 Plaintiff’s business purpose is a company established around October 2004 for reinforced concrete construction business, etc., and the Defendant, from around that time, from December 17, 2004 to October 10, 2006, the period during which the Defendant registered as the representative director in the Plaintiff’s corporate register as the Plaintiff’s representative director, from January 13, 201 to December 26, 201, is from January 13, 201 to December 26, 201;

A person who has served as a director, vice president, etc., and was in charge of accounting and fund management, and retired from office around April 2014.

B. On September 13, 2010, the Defendant: C, the representative director of the Plaintiff, was registered as the representative director from October 10, 2006 to January 1, 2013 in the Plaintiff’s corporate register; and thereafter, C, the representative director of the Plaintiff, has been registered as the representative director until June 26, 2013.

In addition, on September 13, 2010, 1/2 of the instant real estate transaction amounting to KRW 1.24 billion, each of the instant real estate transaction amountsing to KRW 1.24 billion (hereinafter “the instant real estate transaction”), KRW 1.25 million, KRW 360, KRW 455, KRW 908, KRW 908, KRW 908, KRW 1.522, KRW 295, KRW 295, KRW 295, KRW 4, and KRW 695, KRW 2,956, and KRW 1.2 billion, KRW 500,000, KRW 1.500, KRW 500, KRW 1.56, June 6, 201, KRW 2016; and KRW 1.5065,000,000, KRW 500,000,00,000.

C. On September 14, 2010, the Defendant received KRW 1,3120,000,000 from the Plaintiff, KRW 50,000,000 on October 6, 2010, KRW 650,000,000 on November 5, 2010, KRW 1,3120,000,00 for each provisional payment (hereinafter “instant provisional payment”), and paid the instant sales amount with the said money.

Around April 21, 2014, the Defendant: (a) retired from the Plaintiff; (b) transferred KRW 117 billion per share of KRW 27,000 to the Plaintiff, totaling KRW 41,700,000 per share; and (c) according to the evidence Nos. 11 (Real Estate Sales Contract) of the instant real estate, the instant real estate and its indication are inconsistent.