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(영문) 대구고등법원 2019.05.17 2018나25336
대여금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

Plaintiff

A is a company established on July 3, 2006 with the main business purpose of manufacturing and selling concrete products, and Plaintiff B is the former husband of Plaintiff A’s current representative director E, who served as the representative director of Plaintiff A.

D Co., Ltd. (hereinafter referred to as “D”) is a company established on April 27, 2010 for the main business purpose of manufacturing and selling concrete, etc., and E was a director of D in-house.

The defendant is a punishment B, who is a director and a representative director of D at the time of establishment.

D At the time of incorporation on April 27, 2010, the register of shareholders in the register of shareholders states that the Defendant owns 14,000 shares, E 14,00 shares, and G 12,00 shares, among D’s shares (10,00 shares per share).

As shown in the attached Table 1, the sum of KRW 1,398,000 was deposited in the Defendant’s account in the name of the Plaintiffs, E, I, H, J (hereinafter “J”) and the agricultural company K (hereinafter “K”) from September 10, 201 to July 30, 2012 (hereinafter “each of the deposits in this case”), as shown in the attached Table 2, and the deposit was deposited in the Defendant’s account in the name of D from October 15, 2010 to July 31, 2012.

From June 25, 2012 to October 23, 2012, the sum of KRW 37,000,000 was deposited eight times from the Defendant’s account under the name of the Plaintiff B to the Plaintiff’s account.

The defendant was dismissed from the representative director of D on December 4, 2012, and G was appointed as the representative director of D on the same day, and the defendant retired from D on April 27, 2013.

On February 17, 2017, the Defendant filed an application for provisional disposition against D with the Daegu District Court Kimcheon Branch of 2017Kahap1004, seeking permission for perusal of books, etc.

On April 26, 2017, the Defendant and D rendered a judicial compromise with the content that “the Defendant would allow the perusal and copying of some of the books and documents of D from May 15, 2017 to May 23, 2017”.

On May 29, 2017, the Defendant rendered the Daegu District Court Kimcheon-cheon Branch of D on May 29, 2017.

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