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(영문) 부산지방법원 2016.08.09 2016가단19813

장비대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the purport of the Plaintiff’s evidence No. 2 and the entire pleadings, it is recognized that the Defendant was appointed as the representative director of the Plaintiff on August 27, 2012, and resigned on May 8, 2015. Even after the Plaintiff’s resignation from the office of representative director, the Defendant used the shock cases, freezings, and ice removal equipment (hereinafter “instant equipment”) which had been kept in the business partner while managing the transaction partner he/she had been in his/her management as they were.

2. The Plaintiff’s assertion is the Plaintiff’s ownership, and the Defendant used the instant equipment as it is after resignation from the office of the representative director, but did not pay the Plaintiff the equipment cost.

The defendant is obligated to pay to the plaintiff the equipment cost of KRW 64.9 million and delay damages.

3. The Plaintiff’s assertion that the Plaintiff had ownership of the instant equipment is insufficient to accept the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

Rather, according to the overall purport of evidence Nos. 1, 3, and 9, the defendant prepared a written performance statement to the defendant that the defendant collects the office of representative director in the course of consultation with C, a real owner of the plaintiff company, to transfer the plaintiff company's assets to D. ② The defendant, at the time of February 10, 2015, was registered director E, D (the defendant was appointed as the representative director on May 8, 2015, but later resigned on June 30, 2016), and F, G, H, and H, and the non-registered officer, with the intention to resign from the office of director and the representative director and transfer all of the shares to the plaintiff company, and that the defendant collects the company's assets to the defendant while deciding to transfer all the shares to the representative director. < Amended by Presidential Decree No. 23570, Jun. 30, 2015; Presidential Decree No. 20720, Feb. 3, 2016>