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(영문) 서울동부지방법원 2017.01.18 2015가합100448
대여금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 50,769,382 to the Plaintiff (Counterclaim Defendant) and its related amount from July 29, 2016 to January 18, 2017.

Reasons

The Plaintiff is the founder of a stock company C (mutual name before the change: D; hereinafter referred to as “foreign company”) on September 2, 2005. From January 21, 2008 to October 10, 2008, as the joint representative director with the Defendant during the period from October 10, 2008 to March 31, 201, as the representative director; from March 31, 201 to February 5, 2015, the Plaintiff operated the non-party company as the joint representative director with the Defendant and the non-party company; from March 31, 201 to February 5, 2015, the Plaintiff was dismissed from the office of joint representative director with the Defendant for the period from February 5, 2015; and from March 8, 2016 to the appointment of the non-party company as the representative director of the non-party company.

From January 21, 2008 to October 10, 2008, the Defendant retired on October 10, 2008 while serving as the joint representative director of the non-party company. On March 31, 2011, the Defendant again assumed office as the joint representative director of the Plaintiff and the non-party company, from February 5, 2015 to February 8, 2016, and operated the non-party company as the joint representative director from February 5, 2015 to March 8, 2016, and resigned on March 8, 2016.

On February 13, 2008, after the Defendant assumed office as the joint representative director of the non-party company on January 21, 2008, the non-party company’s board of directors was held on February 13, 2008, and the third party’s share offering method was decided to issue 250,000 shares of the non-party company’s common shares (an amount of face value of KRW 1,00), and to allocate them to the Defendant. On February 12, 2008, the Defendant already paid KRW 250,000 to the non-party company as the share price for the said new shares.

As of February 14, 2008, the total number of shares of the non-party company became 700,000 shares (ordinary shares and par value 1,000 shares) and 450,000 shares were owned by the plaintiff and entered in the register of shareholders of the non-party company as the remaining 250,000 shares.

On October 10, 2008, the defendant resigned from the office of joint representative director of the non-party company, and the register of shareholders of the non-party company continued to hold 250,000 shares of the non-party company.

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