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(영문) 인천지방법원 2018.08.09 2016가합54250

손해배상(기)

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 is the wife of the non-party C, and the defendant is the representative director of the corporation D (hereinafter "D") and the partner of C, and the plaintiff and the defendant are the prison life relationship between the plaintiff and the defendant.

B. D’s establishment and shareholder change details 1) On January 11, 200, the total number of shares issued on 11, 2000 were listed as 30,000 common shares (10,000 won per share) and the capital was established as 300,000 won. Around that time, the Defendant was appointed as D’s representative director, and the Plaintiff as auditor, respectively. (2) At the time of D’s establishment, the register of shareholders was changed as follows: (a) the Defendant was a 10,50 share shareholder; (b) the Plaintiff was a 10,00 share shareholder; (c) the Plaintiff was a 10,00 share shareholder; (d) E was a 9,00 share shareholder; and (e) F was a 50 share shareholder (which was living with the Defendant at that time); and (e) shareholders and share distribution recorded in the register of shareholders around March 20, 2002.

On March 20, 200, the shareholder’s name as of March 20, 200 at the time of incorporation of the company, the number of shares (owner) in the number of shares (owner) shareholders, the shareholder’s name as of March 20, 200, B 8,700 B 8,700 B 8,700 G 1,500 H 300, 6,000 6,000 H 4,000, H 9,000 E 9,000 G 9,500 G 10,500 H 500 H 50 H 4,800 H 504,800 H 30,3000 total 30,0000 total 30,0000,30000 total 30,0000,000

C. The Defendant paid dividends 1) The ordinary account (Account Number I; hereinafter “existing Account in the name of the Plaintiff”) in the name of the Plaintiff on January 2000 from the Plaintiff for the purpose of managing the funds.

around May 201, 2001, the ordinary account in the name of G, the Plaintiff’s dual uniform type (Account Number J; hereinafter “G-name existing account”).

(2) D paid dividends to the existing account in the name of the Plaintiff and the existing account in G in the name of the Plaintiff as follows.

On March 7, 2005, Plaintiff 6,000 I 101,520,500 G 10,500 J 177,660,000 June 28, 2006, Plaintiffs 6,000 I 169,200,000 J 10,500 J 296,100,000 on March 20, 2007, Plaintiffs 6,200,00 I 169,200,000 G 169,200,000 G 10,500,50 J 296,100,000 J 296,100,000