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(영문) 수원지방법원 2017.09.20 2016가단551447

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 2, 2008, the Plaintiff retired on December 2, 2012, 201, when he/she was appointed as a representative director of D Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) (hereinafter referred to as “Nonindicted Co., Ltd.”) that had its head office in the Sung-gun, Sung-do, Sung-do.

B. On October 25, 2013, the Defendant was appointed as the representative director of the non-party company, but resigned on December 31, 2013, and again appointed as the representative director on July 30, 2014.

C. The plaintiff did not hold the shares of the non-party company

[Ground of recognition] Facts without dispute, Gap 1's entry, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Defendant was a partner who invested and operated the non-party company as the representative director of the non-party company. 2) The Plaintiff demanded to open a corporate bank account in the name of the non-party company so that the Defendant would handle the expenses of the non-party company. The Plaintiff opened and opened the account on December 2, 2008. The Defendant collected money from the non-party company to December 4, 2008 without obtaining the consent or resolution of the non-party company from December 2, 201 to December 2, 201.

3) From December 4, 2008 to December 2, 2011, the Defendant, without going through the procedures, such as the resolution of the non-party company, issued corporate tax invoices equivalent to KRW 180 million and sold them to unspecified persons. 4) The Defendant’s unlawful use of the passbook and the issuance of false tax invoices, etc., thereby causing insolvency of the non-party company, which was established by the Plaintiff by investing KRW 230 million in the non-party company, thereby selling KRW 50 million to F on December 3, 2013, thereby causing damages of KRW 180 million to the Plaintiff, and the Plaintiff was under restraint in life due to euthanma, etc.

5) Therefore, the Defendant is obligated to pay the Plaintiff KRW 50 million as part of the amount of damages.

B. Determination Doesck;