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(영문) 광주지방법원순천지원 2015.12.22 2015가단72563
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. C was running food and garbage terminal cleaning business, food waste collection and transportation business, etc. (hereinafter “Viewing-related business”) ordered in the form of an individual business with D and a partnership business, and the Defendant, under the trade name of “E”, operated an industrial facility cleaning business, chemical medicine wholesale business, etc. (hereinafter “Corporation-related business”).

C became aware of the Defendant in purchasing chemical drugs necessary for viewing-related activities from the Defendant.

B. C converted an existing business entity into a corporation on January 17, 2006, and incorporated the Plaintiff Company with the purpose of “pyzine manufacturing and wholesale retail business, machinery and equipment cleaning business, wholesale and retail business of drugs for powders, sanitation and cleaning service,” etc.

At around 207, the defendant had been appointed as the inside director and the representative director while operating the plaintiff company as the defendant and the partnership business in accordance with the plaintiff's proposal.

The Defendant still maintained the personal business entity called “E” while serving as the representative director of the Plaintiff Company, and continued the business related to the Corporation, which had been supplied through the Plaintiff, with chemical drugs directly supplied from “F”, and had been previously operated in the name of “E”.

Plaintiff

Although the viewing-related business run by the company and the Defendant separately accounts for the business related to the Corporation operated in the name of “E”, G, an employee of the Plaintiff Company, was also performing the business related to the Corporation according to the orders of the Defendant.

C. On January 2009, the Defendant agreed to set aside loans worth KRW 265 million incurred by the Plaintiff Company as at the time of the Plaintiff Company on the condition that C is liable for the debt of KRW 265 million. Accordingly, on May 13, 2009, the Defendant completed the registration of retirement of representative director on May 13, 2009.

C subsequently entered the H, a new partner, and registered on June 3, 2010 as the inside director and the representative director of the Plaintiff Company.

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