beta
(영문) 서울서부지방법원 2017.02.08 2016가단212039

손해배상 등

Text

1. The Defendants jointly share KRW 24,947,373 with the Plaintiff, and 5% per annum from April 12, 2016 to February 8, 2017.

Reasons

1. Facts of recognition;

A. In around 2015, the Defendants concluded each service contract with the Korean Sport and Olympic Committee regarding the following business list (hereinafter “instant business”).

C

B. When there was a dispute between the Plaintiff (in-house director of the Defendant Company) and the Defendant B (representative director of the Defendant Company), the Defendant Company delivered the Defendant Company’s corporate passbook (hereinafter “instant corporate passbook”) to the Plaintiff on November 4, 2015 (the instant corporate passbook was delivered separately on November 5, 2015), and on November 6, 2015, with respect to the instant business, the Plaintiff and the instant business (on the premise that all revenues related to the instant business are deposited into the corporate passbook), on the premise that all revenues related to the instant business are deposited into the Defendant Company B’s personal account (=the balance of service costs (23 million won) after completion of the business, if deposited into the Plaintiff on November 4, 2015).

(Article 7(2). The following agreements (hereinafter “instant agreement”) were made:

1) As to the revenue and expenditure and profit-making expenses relating to the instant business, the Plaintiff has the discretionary power and business authority (Article 2(1)2) to execute all the revenues deposited not later than the completion of the instant business and the right to distribute the business revenues to the Plaintiff.

(Article 7(1)3) The Plaintiff shall pay value-added tax, corporate income tax, bookkeeping fees, public charges, etc. related to the instant business to the amount of the account for the instant corporation (Article 7(3) of the Act).

The instant project was completely implemented from December 1, 2015 to December 22 of the same month.

However, the Defendants, on December 29, 2015, filed a report on the change of the corporate account in which the service cost of the instant business is deposited with the Korean Sport and Olympic Committee, and eventually KRW 96 million for the remainder of the service cost of the instant business.