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(영문) 서울남부지방법원 2020.12.18 2020나59459
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C and D, a joint representative director of the Defendant Company, held a temporary general meeting of shareholders on September 7, 2015, passed a resolution to dissolve the Defendant Company, and followed the liquidation procedures.

B. From around 2005 to June 30, 2016, E had worked for the Chinese FF Limited Corporation. Upon filing a lawsuit against the Defendant Company for the payment of retirement allowances, the Seoul Southern District Court rendered a favorable judgment on May 3, 2018 that “the Defendant Company shall pay to E 2,540,304 won of unpaid retirement pay and the amount calculated at the rate of 20% per annum from July 15, 2016 to May 3, 2018, and 20% per annum from the next day to the date of full payment.”

The above judgment became final and conclusive as it is.

(hereinafter referred to as “instant judgment”) C.

Plaintiff

A company is a corporation of which C is the representative director, and the defendant company remitted the amount of KRW 1,500,000 on April 6, 2016, and KRW 4,200,00 on May 9, 2016, and KRW 5,000,00 on June 4, 2016, and KRW 5,000,000 on July 5, 2016 to E, respectively.

In addition, on August 31, 2016, the Plaintiff Company remitted KRW 1,650,000 to the Defendant Company, and on the same day, the Defendant Company remitted the same money to the G Labor Law Firm.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-5 and 12, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is a total of KRW 17,350,000 (i.e., KRW 15,700,000) that the Plaintiff Company remitted to the Defendant Company and E, and the nature thereof is a loan to the Defendant Company.

Even if the above money is not a loan, since the above money was paid by C, a liquidator of the defendant company, to handle the liquidation affairs, C is deemed to have the right to claim reimbursement of expenses under Article 688 of the Civil Code against the defendant company. Since C transferred the above claim to the plaintiff company, it appears to be any mother, but the defendant company is liable to pay the above money and the damages for delay to the plaintiff company.

(b) the board 1.

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