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(영문) 대구지방법원 2019.10.02 2018나320922
대여금
Text

1. The plaintiff's incidental appeal and the defendant's appeal are all dismissed.

2. The costs of incidental appeal are assessed against the Plaintiff.

Reasons

1. Basic facts

A. G is the representative director of the Plaintiff established on November 11, 2014, and the Defendant works as the Plaintiff’s director from the time of establishment to July 31, 2016.

is a retired person.

On the other hand, E is the defendant's words.

B. On January 3, 2013, E established and operated the F Co., Ltd. F (hereinafter “F”) for the purpose of online information provision business, etc., and experienced difficulties such as borrowing money from G due to the aggravation of finance.

Accordingly, on November 1, 2014, F (Representative E) concluded a transfer agreement with F Co., Ltd. to transfer “all of the remote institutions of the cyber lifelong education center” to H Co., Ltd. for a purchase price of KRW 150 million to H Co., Ltd. (hereinafter “instant transfer agreement”).

Since November 20, 2014, E closed its business registration with respect to F Co., Ltd.

C. On November 11, 2014, G established a corporation for the purpose of online information provision business, etc. after entering into the instant transfer contract, G was appointed as the representative director.

The Plaintiff’s accounting staff in receipt of the direction from G, the representative director of the Plaintiff, transferred each of the aforementioned two transfers to the Defendant’s bank account, KRW 1 million on November 25, 2014, KRW 22 million on November 28, 2014, KRW 200 million on May 21, 2015, KRW 23.5 million on August 10, 2015, KRW 20150,00 (hereinafter referred to as “instant subsequent remittance”), and KRW 50,000 on August 31, 2015 (hereinafter referred to as “instant subsequent remittance”).

On the other hand, from the defendant's bank account to the plaintiff's bank account, KRW 20 million on September 8, 2015 and KRW 15 million on September 22, 2015 were remitted respectively to the plaintiff's bank account.

F. Meanwhile, on March 23, 2015, the prior remittance of the instant case, the Defendant: (a) prepared an internal draft of the same content as the attached Form (hereinafter “instant draft”) and reported it to G, the representative director of the Plaintiff; and (b) approved G as the content of the written opinion on approval in the attached Form; and (c) the amount of the subsequent draft of the instant draft of the case.

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