손해배상(기) 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant B Co., Ltd. (former trade name was “Co., Ltd. E,” but its trade name was changed as of October 29, 2015. hereinafter “Defendant Company”) is a corporation that engages in the export and import of pharmaceutical products or medical appliances, without distinguishing the trade name before and after the change.
Defendant C is the representative director of the Defendant Company, and Defendant D is the inside director of the Defendant Company.
B. The Plaintiff is a Chinese national who is staying in Korea with corporate investment visa (D8-1).
C. On January 13, 2016, under Defendant C’s joint and several surety, the Plaintiff concluded a funding contract stating that “the Plaintiff invested USD 87,000 with the Defendant Company, and the Defendant Company transferred 30% shares of the Company to the Plaintiff, and that the Plaintiff is appointed as an executive officer of the Defendant Company. The Defendant Company entered into a funding agreement that “The Plaintiff may only be used for business purposes, and may not be used for purposes other than for purchase of real estate or for other personal purposes.”
In accordance with the above monetary investment contract, around January 14, 2016, the defendant company appointed the plaintiff as an internal director with the written consent of all shareholders, and the plaintiff accepted his appointment.
Defendant C transferred 100,000 shares (total shares 500,000 shares) of Defendant C to the Plaintiff on the same day.
On January 18, 2016, the Plaintiff remitted USD 86,965 ($ 105,032,850) to the account under the name of the Defendant Company.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, Eul evidence Nos. 3, 4 and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff's assertion
A. Defendant C and D conspired with the Plaintiff to obtain business operation funds, etc. from the Plaintiff, thereby deceiving the Plaintiff, even though they did not intend to export the medical device together with the Plaintiff, thereby deceiving the Plaintiff for the purpose of business operation funds, etc., and then deceiving the said money from the Plaintiff to another place.