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(영문) 대전지방법원 2016.12.14 2014가합769
손해배상 등
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The party status 1) Plaintiff A Co., Ltd. (formerly named “Co., Ltd. B”, and “Plaintiff A”

(1) The Plaintiff Co., Ltd. (hereinafter “Plaintiff C”) is a company established on December 24, 2004 for the purpose of manufacturing steel structures, etc.

(2) Defendant D was registered as the representative director of Plaintiff A from the date of its establishment to July 19, 2010, as Defendant D’s wife, as the representative director from the date of its establishment to September 17, 2007, and as the representative director from September 17, 2007 to September 4, 2008, as the resolution of the general meeting of shareholders on May 20, 2008. F is a person who was registered as the auditor from August 18, 2008.

B. The part concerning the payment of money in the statement of execution of this case, in preparation of the statement of execution of this case

2.F shall pay D the sum of 50 million won as follows:

(1) During the period of D’s service as the representative director, F, while recognizing the degree of contribution to the provision of management and human resources to the above company, should pay D KRW 250 million to D.

(2) F is required to pay D KRW 250,000,000 to D, recognizing D’s contribution with respect to the acquisition of Daejeon P and H land.

(3) However, KRW 100 million ( KRW 50 million under the name of deposit before house, KRW 15 million under the name of deposit before house, KRW 30 million withdrawn from the corporate account) which D received from F among the above KRW 550,000,000,000,000,000 shall be paid in lieu of the already received amount, and the remainder of KRW 450,000,000 shall be paid.

On July 19, 2010, Defendant D set up a statement of performance (No. 6; hereinafter “instant statement of performance”) in attached Form 1 between F and F on the same day, which was set out by the conflict with F.

The part related to the money that F shall pay to Defendant D in the statement of execution of this case is as follows.

C. Relevant criminal cases.

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