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(영문) 광주지방법원 순천지원 2018.07.19 2016가단77718
손해배상(기)
Text

1. The plaintiff's primary claim against the defendants is dismissed.

2. The plaintiff's conjunctive claim against the defendants.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “instant company”) is a company that runs underwater fishing operations, etc.

The plaintiff and the defendant C are shareholders of the above company and inside directors, and the defendant B and the representative director were in charge of management of the above company's management, funds management, etc.

1. Company reorganization - Company name shall be maintained only before the funds for services are received; and

shall cease to exist after the payment of service costs.

2. G research case related to the settlement of service costs - The remaining service costs after the payment of G service costs to the amount of KRW 32,700,000,000,000 shall be settled at the rates of Plaintiffs 7, B1.5, and C1.5.

H Survey case - The amount excluding KRW 80 million in corporate bank loans and KRW 30 million in capital (total of KRW 110 million) shall be distributed in proportion to Plaintiff 7, Defendant C1.5, and Defendant B1.5, after the amount of H service charges of KRW 15 million, excluding the value added tax.

B. The Plaintiff and the Defendants, along with E (Personnel) and F (Audit), agreed on March 24, 2014 (hereinafter “instant meeting”) with respect to the service payment to be paid as a marine survey conducted by the instant company, etc.

C. From around 2014 to around 2015, the amount of KRW 36 million as a result of G maritime research and the amount of KRW 89.1 million as a result of H maritime research was paid to the account of the instant company.

Defendant B was convicted of a fine of KRW 40 million on August 7, 2015, while keeping the service cost due to H marine investigation, on the charge that Defendant C lent KRW 40 million to Defendant C, and on November 17, 2015, Defendant B arbitrarily embezzled KRW 42 million by using KRW 2 million as his/her debt repayment as a result of his/her own debt repayment, and on November 24, 2017, the aforementioned judgment became final and conclusive around that time.

[Reasons for Recognition] Unsatisfy, Gap's 1, 2, 4, Eul's 3 (including additional numbers), Gap's financial transaction information meeting, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The plaintiff is the primary claimant of this case according to the meeting of this case.

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