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(영문) 제주지방법원 2015.10.16 2014가단15445

주식인도등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The parties’ relationship 1) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

() On February 16, 2011, the company established for the purpose of the lighting exhibition hall business (the first trade name was the “stock company D,” but the first trade name was the “stock company E” on October 12, 2012, and the “C,” a trade name as of May 27, 2014, was changed to the “C,” a stock company.

(2) The Plaintiff was the internal director and the representative director of the Defendant Company from February 28, 201 to August 6, 2013, and from July 15, 2011 to September 19, 2011, Defendant B was the internal director and the representative director of the Defendant Company from September 19, 201 to August 5, 2013. At the time of June 2013, the Plaintiff owned 2,450 shares issued by the Defendant Company (the face value of KRW 5,00; hereinafter “stocks”) (the face value of KRW 5,00; hereinafter “stocks”), 81,10 shares issued by the Defendant Company, the representative director of the Defendant Company, and 16,50 shares owned by each internal director and the inside director of the Defendant Company from February 28, 2011 to October 17, 2014).

B. The Plaintiff and Defendant B attached each provisional attachment on May 3, 2012 pursuant to the Jeju District Court Decision 2012Kahap113 (the claimed amount of KRW 227,272,700) on the provisional attachment order (the claimed amount of KRW 227,272,70) No. 2012, August 14, 2012 (the claimed amount of KRW 4220,000), which is owned by the Defendant Company, pursuant to the instant provisional attachment order (hereinafter “each of the instant provisional attachment”).

(2) On August 3, 2012, the Plaintiff filed a lawsuit against the Defendant Company as Jeju District Court 2012Kahap2015. On June 13, 2013, the Plaintiff filed a lawsuit against the Jeju District Court for the claim of reimbursement, etc., and on the ground that “the Plaintiff would have paid a total of KRW 174,635,314 in connection with the Defendant Company’s business from January 18, 2010 to March 25, 2012, and that “the Plaintiff would have paid a total of KRW 118,477,600 in total with the Defendant Company’s business expenses,” and that “the Defendant Company may recognize that the Plaintiff would have lent KRW 293,112,914 in total to the Defendant Company, and from August 10, 2012 to June 13, 2013 to 20% in total, each of the following day to June 13, 2013.