beta
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. Basic facts
A. Defendant B is the representative director of E Company that manufactures and sells sports products called D (hereinafter “E Company”), and Defendant C is the representative director of F Company that is an employee of E Company and sells the same kind of products as the above Company.
B. Defendant B, a Plaintiff-owned, was offered loans of KRW 120 million at the close point of a corporate bank located in Seoul Special Metropolitan City, Nowon-gu G apartment 114 Dong 1503 and 1503 as security, but around August 2011, Defendant B said, “When he/she has repaid the loan in lieu of the loan, he/she shall calculate the amount of interest and auction suspension expenses up to KRW 30 million to the amount of KRW 150,000,000,000 to be invested in an E company newly established, and the Plaintiff and Defendant B converted the amount of KRW 150,000,000 to investments in the E company.” The Plaintiff and Defendant B converted the amount of KRW 150,000 to investments in the E company.
Since then, shares equivalent to 20% of the total shares of E company were distributed to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 14, Eul evidence 1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion
A. Defendant B, around August 2011, stated that the Plaintiff will register as a shareholder when investing funds necessary for the establishment of the E company, and pay the amount equivalent to 20% of the E company’s profits from October 201 to October 201, Defendant B invested the amount equivalent to KRW 150 million to Defendant B around August 201.
B. Since then, Defendant B, as the representative director of the Company E, imported and sold diskettes by OEM, and then paid 20% of the sales revenue to the Plaintiff, without paying it to the Plaintiff, embezzled the sales proceeds to the Defendant C’s bank account, etc., who is an employee of the Company E, and then received and embezzled the sales proceeds.
C. As above, Defendant B conspired with Defendant C, from August 201 to November 2013, in collusion with Defendant C.