대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From July 23, 2007 to December 26, 2014, the Plaintiff worked as an inside director of the Defendant Company, and was in fact responsible for the instant golf course’s business from November 2008 to the entire manager of the golf course operated by the Defendant Company (hereinafter “instant golf range”).
Nonparty C is the Plaintiff’s spouse, who worked as an employee of the Defendant Company from around 2005 to December 2014, and Nonparty D is the actual owner of the Defendant Company.
B. The Defendant dismissed the Plaintiff from the intra-company director on December 26, 2014.
On May 14, 2015, the Plaintiff occupied and continued to operate the instant golf course, and the Defendant received a provisional disposition (Ulsan District Court 2015Kahap10055), which prohibits the Plaintiff from impeding the operation of the instant golf course (Ulsan District Court 2015Kahap1055), and a provisional disposition on July 2, 2015, on the instant golf course site (Ulsan District Court 2015Kahap10090).
On July 12, 2015, the Defendant recovered the right to possess and operate the instant golf course from the Plaintiff.
C. The Plaintiff filed a lawsuit against the Defendant to confirm that the entrusted management contract entered into between the Plaintiff and the Defendant as the Ulsan District Court 2015Gahap1006 was effective until February 28, 2020, but the judgment against the Plaintiff was rendered on March 17, 2016 and became final and conclusive around that time.
The Plaintiff filed a claim against the Defendant for the payment of wages and retirement allowances from the Ulsan District Court Decision 2015Da4572, February 2005 to January 3, 2012. On February 3, 2016, the Plaintiff was ruled against the Plaintiff and became final and conclusive around that time.
[Reasons for Recognition] Facts without dispute, Gap 1, 4, 14 evidence, Eul 4 through 8, 13 and 14 evidence, the purport of the whole pleadings
2. Determination as to loan claims
A. The Plaintiff’s assertion is the Defendant Company with the total amount of KRW 695,594,313 directly paid by the Plaintiff to the Defendant as the manager of the instant golf course from January 2009 to December 2, 2014, in terms of operating expenses of the instant golf course.