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(영문) 부산지방법원 2020.10.16 2019나61564
양수금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is a person who served as a inside director or representative director of a non-party company from January 14, 2009 to April 13, 2018.

B. On April 11, 2018, the Plaintiff entered into a contract for acquisition of the shares and the right of management issued by the non-party company (hereinafter “contract for acquisition of the shares and the right of management of the non-party company”) with the J Co., Ltd. (hereinafter “J”) to transfer the right of management of the non-party company (hereinafter “the right of acquisition of the shares and the right of management of the non-party company”). On April 13, 2018, K, the representative director of the J, took office as the representative director of the non-party company.

[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 9, the purport of the whole pleadings

2. The plaintiff's assertion

A. On April 24, 2014, the non-party company loaned KRW 100,000,000 to the Defendant who worked for the non-party company as a living expense, ② on February 2, 2015, KRW 100,000 as a fund for constructing a new building; ③ on February 16, 2015, KRW 10,000 as a living expense. The Defendant repaid KRW 3,00,000 among the money stated in the above paragraph, and KRW 37,00,000,000 among the money stated in the above paragraph, was extinguished by offsetting the claim for indemnity on the purchase price for the non-party company that the Defendant paid on behalf of the non-party company as an automatic claim.

B. On July 16, 2018, Nonparty Company transferred all the above loan claims against the Defendant to the Plaintiff, and notified the Defendant of the assignment of claims on the 18th of the same month.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 3,00,000,000 which was not paid out of the money stated in the above paragraph (1) and KRW 63,00,000 which remains after offsetting the claim for reimbursement among the money stated in the above paragraph (2), and KRW 76,000,000 which was the sum of KRW 10,000,000 which was written in the above paragraph, and damages for delay.

3. Determination

A. On April 11, 2018, the Plaintiff asserted the validity of the assignment contract, transferred the management right of the non-party company to the J, and thereafter, L, a inside director of the non-party company, at the end of June, 2018, acquired the shares and the management right of the non-party company at the time of the contract.

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