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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant-based position No. 1 C C from September 17, 2012 to February 11, 2015, the Defendant-based director from January 22, 2014 to February 11, 2015: (a) the representative director 2D 2D 2, February 25, 2013 to February 12, 2015; (b) the inside director 3 E from February 17, 2012 to March 31, 2015; and (c) the auditor 4 F. 4 as of April 19, 2015 to June 19, 2014 from June 19, 2014 to June 19, 2015; and (d) the inside director as of February 12, 2015 to June 19, 2015.
A. The non-party H Co., Ltd. (hereinafter “non-party Co., Ltd.”) is a company whose main purpose is housing leasing business, and the Plaintiff is a shareholder who owns 34% of the shares of the non-party Co., Ltd.
Defendant B (hereinafter “Defendant Company”) is a company established on September 29, 2014 for the main purpose of the new construction sale business and the housing rental business, and Defendant C, D, E, F, and G are the former and current directors or auditors of Nonparty Company as follows.
B. At the time of the meeting of the non-party company opened on March 3, 2014, at the meeting of the board of directors of the non-party company, Defendant C and D who had a representative director and an intra-company director attended, and the non-party company decided to grant a loan of KRW 200,000 per annum to Defendant D by setting the interest rate of KRW 7% per annum and the due date until March 4, 2016. On March 11, 2014, KRW 200,000 was deposited in the deposit account (I) in the name of D as a deposit account (I).
C. Around 2014, the Defendant Company entered into a sales contract with the J on the purchase of KRW 1,893 square meters of Pyeongtaek-si K-si, KRW 447 square meters of L, forest land, and KRW 944 square meters of forest land, KRW 1,58,800,000, which is owned by the J.
The defendant company received a loan from financial institutions to purchase the above real estate, and the non-party company jointly and severally guaranteed the defendant company with the guarantee limit of KRW 1,400,000.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 12, 13, 24, 25, Eul evidence No. 3 (including additional numbers), the purport of the whole pleadings
2. The plaintiff's assertion
A. The Defendants inflict damages on the non-party company due to the following acts.
1. The remainder of the Defendants except the Defendant Company are owned by the J which can serve as an important business opportunity for the non-party Company after establishing the Defendant Company.