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1. The Defendant: 101,500,000 won to C Co., Ltd. and 5% per annum from March 29, 2018 to July 5, 2018.
Reasons
Facts of recognition
A. The status C Co., Ltd. (hereinafter “C”) is a company established for the purpose of maritime equipment leasing business, maritime transportation business, etc., 20,000 common shares issued and outstanding, and 100,000,000 capital.
The plaintiff is a shareholder holding 10% of the shares issued by C, and the defendant is a representative director of C.
B. On June 2012, C and D Co., Ltd. made an oral contract with E, referred to as the representative of D Co., Ltd. (hereinafter “D”), to sell all of the engine engines, power generators, and other accessories owned by C (hereinafter “instant engine”) to D purchase price of KRW 693 million (including value-added tax) (hereinafter “instant sales contract”). C transferred the instant engine to Busan Party, the storage place under the instant sales contract, Busan Party, the Busan Party, the warehouse under the instant sales contract, around June 20, 2012, and entered into a sales contract between E and E, stating “supplier C and buyer D Co., Ltd.”
D Pursuant to Articles 2 and 3 of the said sales contract, C paid each of the KRW 30 million as the first down payment around July 24, 2012, and KRW 50 million as the second down payment around October 1, 2012, and paid each of the remainder KRW 613 billion as a lump sum payment within October 24, 2012.
C. The process of the relevant lawsuit 1 E transferred the remitter’s name via an account in the name of G Co., Ltd. as the down payment amounting to KRW 80 million in total to C.
C A lawsuit was filed on January 6, 2015 by Busan District Court 2015Gahap40046, as the remainder amounting to KRW 613 million under the instant sales contract was not paid by D. However, the said court dismissed C’s claim on May 18, 2016 on the ground that “E did not have any evidence that it had the authority to represent D at the time of entering into the instant sales contract, and is not recognized as the representative director and the nominal lender’s liability.”