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(영문) 제주지방법원 2015.10.16 2014가단771
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(2) On February 16, 201, the company established for the purpose of the business of the lighting exhibition hall (the first trade name was the “stock company D” but the first name was the “stock company E” on October 12, 2012 and the “stock company B” on May 27, 2014, which was the trade name as of May 27, 201.

(2) From February 28, 201 to August 6, 2013, the Plaintiff was the inside director of the Defendant Company, the representative director of the Defendant Company from July 15, 2011 to September 19, 201, and the Defendant C was the inside director and the representative director of the Defendant Company from September 19, 201 to August 5, 2013. At the time of June 2013, the Plaintiff owned 2,450 shares issued (the face value is KRW 5,00; hereinafter referred to as “stocks”) of the Defendant Company (the face value is KRW 5,00; hereinafter referred to as “stocks”) and owned 81,10 shares issued by the Defendant Company, the representative director of the Defendant C, and the inside director F (the inside director of the Defendant Company from February 28, 201 to October 17, 2014).

B. The Plaintiff filed a lawsuit against the Defendant Company with Jeju District Court 2012Kahap2015, and the Plaintiff rendered a judgment on June 13, 2013, on the ground that “The Plaintiff paid a total of KRW 174,635,314 in connection with the Defendant Company’s business from January 18, 2010 to March 25, 2012, and that a total of KRW 118,477,600 can be recognized to have been lent to the Defendant Company with business promotion expenses,” and that “the Plaintiff was suspected to have been given 15% interest per annum from August 10, 2012 to June 13, 2013 to 20% interest per annum from June 13, 2013 to 20% interest per annum.” Meanwhile, the lower court rendered a judgment on the Defendant Company’s embezzlement and 25% interest per annum 20% interest per annum from the following day to June 13, 2013 to 2014.”

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