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(영문) 창원지방법원 2018.10.18 2018가합51556
전부금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendants established and substantially operated the E Co., Ltd. (hereinafter “E”), and F was registered as the E’s representative director from May 15, 2015 to April 25, 2016 as the co-inheritors of Defendant D.

B. Around February 2016, F was issued by the Defendants a written confirmation (No. 2; hereinafter “instant written confirmation”) as follows.

W. Certificate Address: E Representative Director: F in the name of the present representative director at the time of the occurrence of the amount of damage to the Corporation, the Corporation and 3 confirmations below will ensure that the Corporation will not pay the amount of damage to the Corporation with respect to the following matters in the name of the present representative director at the time of the occurrence of the damage:

1. (1) On July 20, 2015, a loan of KRW 300 million operating capital to H with a technology guarantee letter on December 3, 2015, including 100 million capital loans, 2) wage, credit purchase funds, public charges, etc.

2. As set forth in paragraphs (1), (2) and (3) above, three persons (the defendants) after confirming the total amount of damage related to a legal entity to the personal F during their terms of office shall pay 1/3 equal damages to the personal F. 3. The representative director shall pay 27 billion won per month a salary during his/her term of office, and provide related documents at the time of the change of the representative director’s name. 4. The total assets of the legal entity, the authority to operate the legal entity, and the real ownership of the total stocks are those of I.D. The first part of the confirmation document of this case was written in the name of I, but all of them was changed in the name of the defendant D except for this part. The third part of the confirmation document of this case was confirmed as 3.3% on May 3, 100. 6. The matters concerning the disposal of the legal entity’s property rights shall be determined by the third party on July 7, 200, the Korea Technology Finance Corporation’s indemnity against the principal debtor’s surety’s indemnity and the K.

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