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(영문) 서울고등법원 2018.08.17 2018나2012252
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's additional claim is dismissed in this court.

3. Appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an agricultural partnership established on September 18, 2009 and operated as its main business in Bori, smuggling, rice processing business, etc.

B. At the time of the establishment of the Plaintiff, the Defendant, who was appointed as the representative director, resigned on January 29, 201, and thereafter, served as the Plaintiff’s director until February 7, 201, and as the Plaintiff’s auditor from November 2, 2012 to November 2, 2015.

Meanwhile, on September 1, 2005, the Defendant established a “D Agricultural Partnership” (hereinafter “D”) whose main business is agricultural product processing and sales business, etc., and continues to serve as a representative director of D.

C. C was a director since the establishment of the Plaintiff and was appointed as the representative director on January 29, 2010, and has been in office until now.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 and 12 (except for the case of specifying provisional numbers, each number is included; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) is a corporation established under the initiative of the Defendant to engage in a processed food production business using rice Doing by D, and the location of D and its principal office are the same and almost the number of executives is almost the same. The Defendant, from the time of the Plaintiff’s establishment to the end of 2015, was in office as the Plaintiff’s representative director, director, and auditor and was in office as D’s employee, or the Defendant directly manages the Plaintiff’s account books, such as the Plaintiff’s passbook. (2) As seen above, the Defendant, while operating D as a single legal entity, operated the Plaintiff, and (30 million won, provided the Plaintiff to the Industrial Bank of Korea (hereinafter “instant land”) with the Plaintiff as security and borrowed the amount of KRW 93 square meters for Kimpo-si Factory site and its ground building (hereinafter “the instant land”), and then, operated accounting data as if the Plaintiff paid provisional payment to the representative director C, withdrawn KRW 315 million to 300 million from 2013 to 2015.

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