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(영문) 전주지방법원 2019.01.11 2018가단10120

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Upon the introduction of D, the Plaintiff invested KRW 58,00,000 in the Defendant Company B (hereinafter “Defendant Company”) from November 25, 2014 to March 7, 2015, and owned KRW 45,000, out of 100,000 issued shares of the Defendant Company.

B. Defendant C was appointed as the representative director of the Defendant Company on June 3, 2015, but D, the husband of Defendant C, substantially operates the Defendant Company.

C. On April 5, 2016, the Plaintiff transferred an amount equivalent to KRW 22,500,000 of the shares of the Defendant Company to E without compensation. D.

On April 14, 2016, the Plaintiff was the actual shareholder of the Defendant Company, and certified the same content as D and attached Table 1, the representative director.

hereinafter referred to as "certificate" in April 14, 2016.

(i) [Facts without dispute over the grounds for recognition, entries in Gap 1 through 4, the purport of the whole pleadings;

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff’s claim against the Defendant Company: (a) around March 2016, upon Defendant C and D’s request, transferred all shares to the Defendant Company owned by the Plaintiff to a third party without compensation; and (b) the Plaintiff returned the investment money to the Plaintiff if the Plaintiff transferred the entire shares to a third party (hereinafter “instant agreement”).

(2) On April 5, 2016, the Plaintiff’s entire shares of the Defendant Company were transferred free of charge to E, and thereafter, certified the terms of the instant agreement with the certificate as of April 14, 2016. As such, the Defendant Company is obligated to pay the Plaintiff the investment amount of KRW 58,00,000 and delay damages therefrom. (2) The Defendant Company’s claim against Defendant C, as the representative director of the Defendant Company, and from July 1, 2015 to February 27, 2017, embezzled the Plaintiff’s assets of the Defendant Company by arbitrarily withdrawing KRW 66,537,690 out of the Plaintiff’s investment amount and the Plaintiff’s profits, and arbitrarily withdrawing KRW 66,537,690, out of the Plaintiff’s investment amount and the Defendant Company’s profits, and by allowing D to operate the Defendant Company without performing its duties as the representative director, thereby preventing the Plaintiff from returning the Plaintiff’s agreed amount indicated in paragraph (1).