logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.09.24 2014가합3931
대여금
Text

1. The plaintiff A's claims and the main claims of the plaintiff B, C, and D are all dismissed.

2. The defendant is the plaintiff.

Reasons

1. The following facts do not conflict between the Parties:

On January 5, 2009, the Defendant joined the Plaintiff Company and was appointed as a director or a representative director for a three-year term of office on February 17, 2010, and was reappointed on February 17, 2013, and was dismissed by a resolution of the general meeting of shareholders on December 9, 2013.

B. Around August 2013, Plaintiff Company issued new shares to increase its capital from KRW 200 million to KRW 350 million, and allocated KRW 150 million among them under the name of Defendant. The Plaintiff Company paid KRW 30 million out of the share price of KRW 75 million to Plaintiff B and KRW 25 million to Plaintiff C, respectively.

2. Determination as to the claim of the Plaintiff Company

A. The Plaintiff Company’s assertion reaches KRW 173,319,462 individually using the Plaintiff Company’s corporate card from January 4, 2009 to December 2, 2013. This constitutes a tort against the Plaintiff Company and thus, the Plaintiff Company was liable to pay the said money as compensation for damages caused by the Plaintiff Company.

B. The written evidence Nos. 1 and 4 (including paper numbers) alone is insufficient to acknowledge that the Defendant’s use of the corporate card as indicated in No. 1 was personal, and there is no other evidence to acknowledge otherwise.

(A) The Defendant asserts that the portion of the usage of the corporate cards, which the Plaintiff Company issues, used in relation to the Plaintiff Company’s business or for the business of its customers, etc., and the portion of the use abroad is used for the establishment of the U.S. local corporation or for the overseas business trip pursuant to the direction of Plaintiff B, and that the other use in which the Plaintiff Company is at issue, is not an individual use. Accordingly, the Plaintiff Company’s above assertion is without merit.

3. Determination as to the primary claim of plaintiffs B, C, and D

A. Plaintiff B, C, and D’s assertion to the Defendant for new shares of the Plaintiff Company, with Plaintiff B’s share price of the Plaintiff Company’s KRW 30 million, and Plaintiff C’s KRW 25 million.

arrow