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(영문) 부산지방법원 2018.01.10 2016가합41305
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,067,063,769 to the Plaintiff (Counterclaim Defendant) and its related amount from September 20, 2016 to January 10, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a company running a maritime leisure sport business, etc., and as of June 2014, the capital amount is KRW 500 million, and the total number of issued stocks is KRW 100,000.

B. On July 2007, the Plaintiff accepted all shares issued by the Defendant from Nonparty C at that time, and thereafter, on April 14, 2008, the Plaintiff was appointed as the Defendant’s inside director and representative director, and retired on April 14, 2014.

Since June 30, 2014, the registration of the appointment of director against the plaintiff was completed on the grounds of the registration of the appointment of director against the plaintiff on the ground of the resolution of the general meeting of shareholders as of June 30, 2014 and the resolution of the board of directors as of June 30, 2014. However, on November 12, 2015, the Busan High Court rendered a judgment that "no resolution of the general meeting of shareholders and the resolution of the board of directors as of June 30, 2014 shall be made" as of November 2, 2015, and the above judgment became final and conclusive on December 3, 2015, each registration of each of the above appointment was revoked.

The plaintiff's deniedr D was appointed as the defendant's internal director around April 14, 2008, but resigned around April 14, 2014.

During the period from April 14, 2008 to March 16, 2011, the directors of the defendant were only D with the plaintiff, the above D, the non-party E, and the F4. However, during the period from March 17, 2011 to April 14, 2011, the directors of the defendant were only D with the plaintiff.

C. The Plaintiff borrowed KRW 500,000 from Nonparty G and H, the Defendant’s shareholder, and embezzled KRW 76,504,460 on his/her own consumption from November 26, 2013 to March 14, 2014, while he/she was in the business custody for the Defendant. ② On August 2, 2013, the Plaintiff embezzled cars (SM7) the market price of which is equivalent to KRW 4,840,00 and cars (e.g., liquid), the market price of which is equivalent to KRW 5,160,00,000, which are owned by the Defendant, by arbitrarily disposing of the said cars to D, the said cars, and ③ from October 12, 2012 to November 2, 2012, he/she embezzled them by arbitrarily consuming KRW 19,60,000, out of the proceeds from the sale of sets owned by the Defendant.

‘The '' was sentenced to the conviction on August 10, 2016 on the facts constituting the crime (the Busan District Court Decision 2015Ma4948), and was above.

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