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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that runs the business of producing cut steel products. The Defendant is a person who was an internal director of the Plaintiff company from May 11, 2009 to May 11, 2012, and from January 22, 2013 to April 16, 2014, and C is the representative director of the Plaintiff company.
B. On May 31, 2013, the Defendant applied for provisional seizure against the Plaintiff’s claim amounting to KRW 390,000,000,00,000, such as the guaranteed claim under the performance note, and filed an application for provisional seizure against the Plaintiff’s respective deposit claims against Gyeongnam Bank, Industrial Bank of Korea, and Han Bank (hereinafter “instant deposit claims”). On August 16, 2013, the Defendant obtained a decision to provisionally seize the instant deposit claims from the court (hereinafter “instant provisional seizure”). The instant provisional seizure was served on the Plaintiff, Gyeongnam Bank, Industrial Bank, and Han Bank at that time.
C. On September 3, 2013, the Plaintiff filed an objection against the provisional seizure of this case with this Court No. 2013Kadan1821, which was decided to revoke the provisional seizure of this case on December 2, 2013, and the said decision became final and conclusive around that time.
On November 29, 2012, the Defendant prepared a performance memorandum between the Defendant and C (hereinafter “instant performance memorandum”). The main contents of the instant performance memorandum are as follows.
1. (1) The Defendant and C agree to jointly purchase 20% of the shares of 40% of D (name of the Plaintiff Company) by investing 100 million won each, respectively, and thereafter trust 40% of the shares to the members’ representatives.
Provided, That the above (each) KRW 100 million shall be kept in a law firm office until December 7, 2012.
2. (Defendant and C) 40% of the shares above shall be trusted in the name of one year.
Then, the amount of KRW 100 million should be refunded from the company’s funds.
(3) (Defendant and C).