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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation engaged in publishing books, advertising, planning, marketing, and software development. The Defendant is a person who served as the Plaintiff’s internal director from December 3, 2009 to May 29, 2012 and from August 26, 2015 to November 24, 2016.
B. On February 18, 2016, eight copies of a check (number E-F; hereinafter “each of the instant checks”) was issued at the Plaintiff’s corporate account (D; hereinafter “instant account”) in the name of the Plaintiff, and KRW 100,000,000 was transferred to G (H) account in the Defendant’s name on July 6, 2016.
(c)
Of the instant checks issued on February 18, 2016, six copies of each of the instant checks (number E-I, par value 150,000,000) were deposited in the Defendant’s name in the account of K Co., Ltd. (L) under the name of J on the same day, and one check number 10,000,000 won per face value per one of the instant checks was presented by N and 10,000,000 won per face value per one of them.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, 12 through 14 (including each number; hereinafter the same shall apply), Eul evidence Nos. 13, and the purport of the whole pleadings
2. Determination as to the defendant's defense prior to the merits
A. The defendant asserts that the lawsuit of this case, which was initiated by the plaintiff's representative, was unlawful since the plaintiff's representative did not legally receive the power of attorney from the plaintiff's representative.
However, according to the overall purport of Gap evidence Nos. 6 through 11, P was appointed as a director of the plaintiff's in-house on November 24, 2016 and completed registration of his office on the same day. The plaintiff's agent was delegated a lawsuit from P around August 2017 and completed the lawsuit from around that time. On January 29, 2020, Q Q was appointed as a director of the plaintiff's in-house on May 15, 2020 and completed registration of his office on May 15, 2020 after the resolution to dismiss director P at a temporary general meeting of shareholders from January 29, 2020 was adopted. The plaintiff's agent was re-designated from Q Q on June 19, 2020.