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(영문) 울산지방법원 2016.11.10 2016가합529
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is the internal director of C Co., Ltd. (hereinafter “C”), and the Defendant is a representative director of D Co., Ltd. (hereinafter “D”) until August 13, 2012 and thereafter is a person whose duties were suspended on June 19, 2013.

On June 19, 2013, the Plaintiff is a person appointed as an acting representative of the D representative E.

B. Around early 2009, F obtained the approval of the Ulsan-gun G Complex development project from the Plaintiff, and the Ulsan-gun G Complex development project from Ulsan-gun, Ulsan-gun, Ulsan-gun, the Ministry of Commerce, Industry and Energy made a proposal to the effect that the construction company’s establishment and defect in the business was done. (2) The Plaintiff accepted the F’s proposal and transferred KRW 940,000,000 to the account in the name of the Defendant, which is the births of F, for the establishment of a comprehensive construction company.

3) On May 19, 2009, the Plaintiff, F, and the Defendant established D with its capital worth KRW 700,000,000,000, out of KRW 940,000,00 remitted by the Plaintiff, the Defendant, as the representative director of D, and the Defendant stated D with its own shares as KRW 49%, H and I, 20%, and J decided to hold 11%, respectively in the form of D’s shares. (C) The Plaintiff and F, including D, will establish C along with eight companies, including D, to create D, and C would create D’s profits by receiving the civil engineering works of the G complex development project. The Plaintiff invested KRW 300,00,000,000,000,000 in D under the pretext of contribution for the establishment of C in the form of contribution, and each of them invested on April 10, 200,000.

2) On December 31, 2010, C entered into a contract for the civil engineering work of the G Complex development project, and D was a contractor with 25.5% equity in the construction project. D. related judgment 1) The Plaintiff filed a complaint against F on suspicion of fraud, occupational embezzlement, etc., and the Ulsan District Court kept the amount of KRW 240,00,000 out of the amount of KRW 940,00,000 transferred to the Plaintiff on May 18, 2009, while the Plaintiff kept the amount of KRW 140,000,000 out of the amount of KRW 940,000,000.

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