손해배상
The plaintiffs' claims against the defendants are dismissed in entirety.
The costs of lawsuit shall be borne by the plaintiffs.
1. Basic facts
A. Defendant E Co., Ltd (hereinafter “Defendant E Co., Ltd”) was established on June 4, 2013 for the purpose of insurance sales agency business, etc., and F was registered as its representative (in-house director), but Defendant D substantially operated the Defendant Company, and Defendant D is serving as the representative director of the Defendant Company from May 8, 2020.
G Co., Ltd. (hereinafter “G Center”) was established for the purpose of insurance agency business, etc. on April 17, 2014, and H’s wife was registered as the representative director of each G Center from August 8, 2014 to October 18, 2016, and H and J substantially operated the G Center.
B. On May 12, 2014, Plaintiff A established L Co., Ltd. (hereinafter “L”). From the time of establishment of the G Center to October 18, 2016, Plaintiff A served as an internal director of the G Center, from September 6, 2016 to October 18, 2016, respectively, as the representative director of the G Center from September 18, 2016, and registered as the representative of the G Center L branch on August 11, 2014.
Plaintiff
B as the partner of the Plaintiff A, the representative of the G Center (in-house director) from July 10, 2017 is serving as the representative of the G Center, and the Plaintiff C is serving as the representative (in-house director) from the time when L is established as the child of the Plaintiff A.
(c)
J, H, and Plaintiff A, separate from the legal nature of the G Center, operated the G Center’s central branch, new road branch, and L branch, and operated a partnership business in the form of allocating its fees according to its operating ratio. As the conflict arises between H and J, an agreement was concluded between H and J on April 23, 2015 to adjust the same partnership between H and J.
G Center's shares 5,000 were transferred to I.
(d)
On March 30, 2016, between the defendant company and the G Center, loans to the G Center of the defendant company were KRW 300 million and KRW 200 million, the due date for payment was 20% per annum on April 30, 2016, and the interest rate was 20% per annum on each of the joint and several guarantees by H and I.
(e).