손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff and the Defendant are parties 1) The Plaintiff and the Defendant are C Co., Ltd. (hereinafter “E”) whose head office is located in Seogsan City D as a partnership business around October 1998.
(2) The Plaintiff and the Defendant distributed 20,000 shares issued each of 9,980 shares to each of 40 shares owned by the J, an employee, respectively. (2) The Defendant, as an E representative director from July 12, 2004 to December 18, 2012, was entirely performing his/her duties in consultation with J, and the Plaintiff was not specially involved in the E’s duties during the said period.
B. E Trading with H and Dong energy 1) E is supplied with liquefied petroleum gas by private business chain H, etc. run by K and is called the Dong-to-dong Energy Co., Ltd. (hereinafter “Dong-to-dong Energy”).
(2) However, the same energy was defaulted on October 2007, and due to this, E collected the claim for attempted amount of KRW 800 million for the same energy up to the time, and thus, E was placed in a situation where it is difficult to recover the claim for attempted amount of KRW 800 million for the same energy and to repay the debt of a similar scale to H.
C. Establishment of G and the acquisition of the instant gas filling stations 1) Defendant and J on October 15, 2007, the Defendant and J are C Co., Ltd. (hereinafter “G”) with the head office located in the F of the Gangwon Yangyang-gun, Gangwon-gun on October 15, 207
(2) On October 22, 2007, the Defendant concluded a sales contract of KRW 900 million for the same energy and the gas filling station in the name of G with respect to the gas filling station in the name of G, with the intention to take over 980m2 and the ground gas filling station facilities (hereinafter collectively referred to as the “instant gas filling station”). On October 22, 2007, the Defendant completed the registration of ownership transfer for the gas filling station in the name of G, with respect to the instant gas filling station in the name of G.
The defendant and J prior to the transfer of G's shares and management rights are all shares of G to Z around June 2008.