logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.08.27 2019가단107323
대여금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. On June 10, 2015, Defendant C (hereinafter “Defendant C”) established the Defendant C (hereinafter “Defendant Company”) with the purpose of providing software advice, development and supply services, etc. by converting it into a corporation on June 10, 2015.

B. Around the establishment of the Defendant Company, Defendant B was the representative director of the Defendant Company, and the Plaintiff was the inside director of the Defendant Company.

On the other hand, on November 10, 2017, the Defendant Company transferred the head office to Daejeon E Apartment-gu, Sejong Special Self-Governing City, G building, and third floor H. At the time of the relocation of the head office of the Nonparty Company, Defendant B resigned from the representative director of the Defendant Company, and again assumed office as the representative director. The Plaintiff also resigned from the inside director of the Defendant Company, but was reappointed.

C. Meanwhile, between May 12, 2015 and February 9, 2018, immediately before the establishment of the Defendant Company, the Plaintiff paid money to the Defendants or received money from the Defendants, as shown in the attached Table [Attachment: the details of transactions between the Plaintiff and the Defendants].

From June 12, 2017, the Plaintiff runs the business of publishing, filming, broadcasting and communications, and providing information services in the trade name of "K" on the location of Daejeon-gu I and J.

E. On February 28, 2018, the Plaintiff sent to the Defendant e-mail with the same content as “the e-mail sent by the Plaintiff to Defendant B.”

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 3, 4, 7 through 9, 12 through 14, 19 through 24, Eul's evidence 24, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff was employed by Defendant B as a proposal and was employed by Defendant B in the process of having a friendly relationship with Defendant B, and the Plaintiff was employed by Defendant Company as a software development expert and retired from office around January 2017.

The Plaintiff, from May 2015 to February 2018, the time of the establishment of the Defendant Company, as shown in the [Attachment Table: the details of transactions between the Plaintiff and the Defendants].

arrow