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(영문) 서울중앙지방법원 2016.06.17 2015가단57544 (1)
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The plaintiff is a corporation operating marine cargo transportation services and marine cargo transportation brokerage services, and the defendant is a representative director C of a corporation operating the same type of business.

B. The plaintiff is a juristic person that the E and F, the representative director of D, and the defendant jointly invested to purchase and operate the ship, and their relatives are F's spouse, H's spouse, E's spouse, and I's defendant's punishment.

C. When establishing the Plaintiff, F, E, and the Defendant agreed to invest KRW 100 million in capital and KRW 50 million in operating expenses, respectively, and the Plaintiff was established on January 4, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 3, and Gap evidence No. 8, the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion 1) F, E, and the Defendant agreed to make an investment of KRW 100 million in capital and KRW 50 million in operating expenses, respectively, while establishing the Plaintiff, the Defendant required funds exceeding KRW 2.2 billion in the purchase price of the vessel to be assumed at the time, and agreed to make an additional investment of KRW 150 million in addition to the above KRW 100 million in total to each Plaintiff on January 3, 2013, since it is anticipated that the funds should be needed for the management of the corporation and the initial cost of repair of the vessel would be required, and thus, the Plaintiff agreed to make an additional investment of KRW 100 million in total.

3) G (Substantially, F) deposited the Plaintiff’s account in total of KRW 400 million, including KRW 50 million received from I and KRW 100 million received from H, and KRW 250 million of its own investment, with KRW 380 million subtracting KRW 20 million contributed as a honorarium. 4) The Defendant paid KRW 150 million as an investment deposit and did not pay the remainder of KRW 100 million. As such, the Plaintiff paid KRW 100 million as a remainder of the investment deposit.

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