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(영문) 서울고등법원 2015.05.14 2014나17925
대여금
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the Plaintiff corresponding to the revoked part shall be against the Defendants.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the marine transportation business, etc., and the Plaintiff was a stock company B (the previous trade name was “stock company L,” and the trade name was changed on December 21, 201.

collectively referred to as "B";

(2) On the corporate register of E, E was registered as the internal director and the representative director of B from March 16, 2009 to December 21, 201, and from February 14, 2012 to May 15, 2012.

Since the incorporation of B, M was registered as B’s auditor from November 20, 2008 to December 21, 201. From December 21, 201, M was registered as the internal director (the representative director also from February 14, 2012 to February 14, 201), and the actual shareholder of M’s issued stocks is deemed E.

Through B, as the real representative of B, the overall management related to B's personnel affairs, funds, and operation are controlled, while N in the corporate register of NB is registered as an internal director from December 21, 201 to December 21, 201. From December 21, 2011, B is responsible for the management affairs related to B's personnel affairs and funds according to E's instructions.

3) Meanwhile, the corporate register in B was registered as the inside director and representative director in B from May 15, 2012 to the date of resignation, while Defendant D, the wife of Defendant C, was registered as the inside director and representative director in B from May 15, 2012 until November 5, 2012 at the time of resignation.

However, from December 201, Defendant C was performing management work related to B’s business as a regular manager from around December 201, and after September 201, Defendant C did not work in B’s office due to the incombustibility with E. Defendant D is involved in the operation of B from May 15, 2012 to November 5, 2012, or work in B’s office.

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