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(영문) 부산지방법원동부지원 2019.07.17 2017가단208296

가수금 청구의 소

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 April 8, 2009, the Plaintiff established C (hereinafter “C”) a stock company (hereinafter “C”) with capital of KRW 50 million (10,000,000 per share of ordinary shares issued, and KRW 5,000 per share) for the purpose of wholesale and retail business, etc. of medical supplies (D). On October 29, 2009, its trade name was changed to D Co., Ltd. (hereinafter “D”).

B. D as of March 8, 2010, as of March 8, 2010, its trade name was changed to B Co., Ltd. (hereinafter “Defendant”).

C. On March 11, 2010, the Plaintiff, who both the Defendant’s internal director and one shareholder, agreed to transfer the company to E, and transferred 6,000 shares to E, and 1,000 shares of shares to F and G, who were employees of the said company, around May 201, and 2,00 shares of the remaining shares to E around January 201.

On January 19, 2011, the Plaintiff was appointed as the representative director of the Defendant, and resigned on June 9, 2011, and retired from the Defendant’s office on April 8, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 10 evidence, Eul evidence 2, the purport of the whole pleadings

2. The Plaintiff’s assertion establishes the Defendant, and around April 7, 2009, paid KRW 50 million in capital, and thereafter deposited KRW 62,419,00 in total over 11 times for the management of the company thereafter, and the current amount of provisional receipts against the Defendant reaches KRW 56,219,00 (hereinafter “the instant amount”), and the amount of KRW 106,219,00 in total amount of KRW 3 (the Defendant’s data on the settlement of provisional receipts) minus KRW 50,00 in total amount of KRW 3 (the Defendant’s data on the settlement of provisional receipts).

Since the Defendant agreed to repay the instant money to the Plaintiff at the first half of 2011, the Defendant is obligated to pay the instant money and damages for delay to the Plaintiff.

3. The amount of the provisional payment, however, refers to a provisional account indicating the cash income as a temporary obligation in the event of the absence of the determination thereof, and as a matter of course, the company is bound to do so on the sole ground that it is a provisional payment in concept.