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(영문) 대구고등법원 2019.05.17 2018나24746

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claim and the conjunctive claim are all dismissed.

3. Action.

Reasons

Basic Facts

The defendant is a company established on April 27, 2010 for the main business purpose of the concrete manufacturing and selling business, etc., and C is the former husband of E who served as the defendant's internal director.

The plaintiff is the defendant's in-house director and the representative director at the time of the above establishment.

The register of shareholders prepared by the Defendant as of April 27, 2010 states that the Plaintiff owns 14,000 shares, E 14,000 shares, and F 12,00 shares out of 40,00 shares of the Defendant (10,00 shares per share).

Attached Form

As indicated in the list (hereinafter “instant statement”), KRW 1,296,700,000 was deposited in the Plaintiff’s account from April 26, 2010 to July 31, 2012 from the Defendant’s name account (hereinafter “each of the above deposits”) and KRW 76,00,000 was deposited in total from the Defendant’s account to the Plaintiff’s name from November 30 to October 23, 2012.

On December 4, 2012, the Plaintiff was dismissed from the Defendant’s representative director, and retired from the Defendant’s inside director on April 27, 2013.

On May 15, 2014, the Plaintiff returned to the Defendant the amount of KRW 180,000,000 (land price) that was incurred at the time of the Plaintiff’s representative director’s employment, and notified the Defendant’s shares of KRW 14,000 (land price) to G that the Plaintiff would transfer to the transferee in the future.

On January 12, 2017, the Plaintiff notified the Defendant on January 12, 2017 that the share sales contract between the Plaintiff and G was terminated, and that the Plaintiff would allow the Plaintiff to change the ownership of 14,000 shares, and that it would allow the Defendant to peruse and copy the Defendant’s account books.

On February 17, 2017, the Plaintiff filed an application for provisional disposition against the Defendant for permission of perusal of books, etc. with the Daegu District Court Kimcheon-si 2017Kahap1004, and the Plaintiff and the Defendant rendered a judicial compromise on April 26, 2017, stating that “The Plaintiff would allow the Plaintiff to peruse and copy part of the Defendant’s books and documents from May 15, 2017 to May 23, 2017.”

The plaintiff.