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(영문) 서울남부지방법원 2020.06.19 2018가합112452
손해배상 청구의 소
Text

1. Defendant C’s KRW 1,00,000 as well as the Plaintiff’s annual amount of KRW 5% from November 9, 2018 to June 19, 2020, and June 20, 2020.

Reasons

1. Determination as to the claim against Defendant B

A. The Plaintiff’s assertion 1) around March 20, 2018, the Plaintiff, along with Defendant C, engaged in the virtual digital currency-related business with Defendant C (hereinafter “Defendant Company”).

(2) In order to support the business activities of the Defendant Company, the Defendant Company established the “D” in the State of Subdivision, around March 27, 2018, and the Defendant Company agreed to pay the amount of KRW 33,954,00,00 for the establishment and operation expenses of the U.S. Corporation. As such, the Defendant Company is obligated to pay the Plaintiff the amount of KRW 486,541,00 under the delegation contract.

B. According to the evidence No. 2 of the judgment on the claim for payment of remuneration, it can be acknowledged that the Plaintiff, Defendant C, E, F, G, and H agreed to jointly operate the Defendant Company on April 25, 2018. However, there is no evidence to prove that the contract for payment of remuneration was concluded between the Plaintiff and the Defendant Company, and there is no evidence to prove that there was a provision of the articles of incorporation or a resolution of the general meeting of shareholders that the Defendant Company shall pay remuneration to the Plaintiff. Thus, this part of the Plaintiff

C. According to the evidence No. 1, determination on the establishment and operation cost claim of the U.S. legal entity is based on the facts established by the U.S. legal entity around March 27, 2018. However, there is no evidence to prove that the Defendant Company agreed to pay the expenses for the establishment and operation of the U.S. legal entity to the Plaintiff. Thus, this part of the Plaintiff’s assertion

Therefore, the plaintiff's claim against the defendant company is without merit.

2. Defendant C.

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