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(영문) 울산지방법원 2017.06.14 2016가합1980
대여금 등
Text

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

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

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaging in the sale of liquefied petroleum products and service business, and Defendant B was a representative director of the Defendant Co., Ltd for a period from February 3, 2004 to February 3, 2007, and from May 9, 2007 to January 18, 2012. The Plaintiff is a dual student of Defendant B and a stockholder of the Defendant Co., Ltd. from May 9, 2007 to April 26, 2013.

Meanwhile, the Plaintiff’s wife served as the representative director of the Defendant Company from January 18, 2012 to April 26, 2013.

B. From July 21, 2007 to April 19, 2009, Defendant B was charged with committing a theft of approximately KRW 1,352,268,898 of the market price of LPG from the Korea Oil Industry Co., Ltd. to approximately KRW 1,103 tons in combination with E and F, and was tried as the Ulsan District Court Nos. 2009dan882 and 1851 (combined).

On April 29, 2009, Defendant B deposited KRW 500,000,000, and KRW 302,205,443 on May 28, 2009, respectively, in order to pay the amount of the theft to the KIB Co., Ltd.

C. On November 13, 2009, the Defendant B was sentenced to three years of imprisonment and five years of suspended execution in the Ulsan District Court No. 2009Da882, 1851 (Joint).

Accordingly, both Defendant B and the Prosecutor appealed, and sentenced Defendant B to imprisonment on January 29, 2010 in the Ulsan District Court Decision 2009No1353, the appellate court, and sentenced Defendant B to imprisonment with prison labor for two years and six months, and four years of suspension of execution. After which the Prosecutor appealed against the above appellate court judgment, the Prosecutor appealed on April 29, 2010 in the Supreme Court Decision 2010Do2746, which was the final appeal court, and the above appellate court judgment became final and conclusive as it is.

(hereinafter referred to as “related criminal case”). D.

On April 30, 2010, Defendant Company borrowed KRW 220,000,00 from Han Bank Co., Ltd. (hereinafter “instant loans”), and the Plaintiff jointly and severally guaranteed the instant loans upon the request of the Defendant Company.

E. On March 26, 2013, the Plaintiff’s “Plaintiff” is against the Defendant Company.

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