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(영문) 서울중앙지방법원 2017.11.03 2014가합8863
불법행위로 인한 손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Plaintiff is a company established on June 18, 2008 for the purpose of manufacturing environmental pollution prevention facilities, etc., and Defendant B is a person who was appointed as the Plaintiff’s internal director on July 7, 201, and Defendant C is the wife of Defendant B.

D A. Around April 2010, while engaging in the scrap metal wholesale retail business with the trade name of “E,” the Plaintiff acquired and operated the Plaintiff from F as the representative director of the Plaintiff at that time. Around September 2010, D agreed to provide the Plaintiff’s factory facilities, etc., D agreed to provide the Plaintiff’s factory facilities, etc., and G agreed to conduct the same business by providing each of the instant Schlage (hereinafter “instant Schlage”), and G was appointed as the representative director of the Plaintiff on November 2, 2010.

G was introduced on May 29, 201, on January 4, 2011, by Defendant B, on April 4, 2011, when the manufacturing contract was terminated on the grounds that it requested AFC to manufacture the instant Schlage, but it was impossible to pay the manufacturing cost.

On June 1, 201, Defendant B, G, and D agreed to distribute the Plaintiff’s shares to Defendant B 40%, G 30%, and D 30%, and written a written confirmation. The confirmation states that each month shall be paid KRW 10 million per month, but Defendant B shall be paid KRW 100 million per month as dividends for each share, Defendant B shall pay KRW 100 million for the remainder of the production cost of the instant Schlage; G shall pay KRW 140 million borrowed from the credit union; D shall be liable for all obligations other than those specified in the back of the written confirmation.

In addition, G and D prepared a letter of intent to return the investment amount of KRW 300 million, if the Plaintiff’s factory is not operated normally by October 201, because the authorization and permission related to the designated waste disposal business is delayed or the agreed quantity ( approximately KRW 1,00 tons per month) is not secured to Defendant B on the same day.

Defendant B caused damage or loss to the Plaintiff by “D from June 7, 2011, when the existing debts of D, which were not initially predicted, were revealed.

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