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1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant U.S.A. B (B, Korea name C, hereinafter referred to as “Defendant B”) and G with the mutual name, such as “E”, “F, etc., shall take over 50% of the issued and outstanding shares, and establish the Plaintiff Company for the purpose of the food manufacturing business, etc. (the trade name was “H stock company” and the trade name was changed as of September 16, 2010). The registration of incorporation was completed on October 14, 2009, and G was appointed as the inside director and the representative director, respectively.
B. Meanwhile, on January 7, 2010, Defendant B established Defendant D Co., Ltd. (hereinafter “Defendant D”) for the purpose of the food beverage franchise business, etc. and took office as the representative director after completing the registration of incorporation on January 7, 2010.
C. After the establishment of the Plaintiff, the Plaintiff did not engage in any particular business activity, and Defendant B transferred his share to G without compensation upon resignation of the representative director of the Plaintiff on September 16, 2010, and accordingly, G’s Dong I was appointed as the representative director.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 14, and 19, and the purport of the whole pleadings.
2. Determination on the claim for damages caused by embezzlement or breach of trust
A. As the Plaintiff’s representative director, Defendant B, as the Plaintiff’s representative director, provided the Plaintiff with facilities, such as the interior, etc., by allowing the Plaintiff to use the trade name “K” (hereinafter “K”) according to the name of G between J and the Plaintiff, and providing consulting. In return, Defendant B entered into an entrusted operation contract with the effect that the Plaintiff would receive KRW 125 million from J (hereinafter “instant entrusted operation contract”).
However, around that time, Defendant B, as the Plaintiff’s internal director, and the representative director of Defendant D, concluded a “L operation agreement” with the Plaintiff and Defendant D’s immediate deposit of the Plaintiff’s sales to Defendant D’s account (hereinafter “instant operation agreement”). Under the instant consignment operation agreement, Defendant B concluded a “L operation agreement” with the Plaintiff and Defendant D’s immediate deposit of the Plaintiff’s sales to Defendant D’s account.