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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Plaintiff B (hereinafter “Plaintiff”) is a company established on March 19, 2014 for the purpose of metal manufacturing and other metal machinery manufacturing business. Plaintiff A is an investor in the Plaintiff company. Defendant C was a person who actually controlled the management of the Plaintiff company from March 19, 2014 to August 31, 2014, and Defendant D was a person who served as a management director in charge of the Plaintiff’s funds and accounting affairs for the same period.
B. The Plaintiff A operated the E Co., Ltd. in Japan (hereinafter “E”), but decided to establish E’s branch in Korea as part of the business expansion, discussed with Defendant C, and the Plaintiff established the Plaintiff Company and served as the representative director, and Defendant C actually performs the vice president’s overall control over the business affairs. Defendant D, introduced by Defendant C, intended to take charge of the accounting and fund management director’s duties.
C. On March 19, 2014, Plaintiff A established the Plaintiff Company with KRW 1 million capital, and transferred KRW 100 million to the Plaintiff Company’s bank account on March 24, 2014. At the time, the Defendants, who had been in Korea and continued to stay in Japan, managed the Plaintiff Company’s bank account that was remitted with KRW 100 million.
However, on March 25, 2014, the Defendants paid the sum of KRW 3,982,448, Defendant C’s 1,208,562, Defendant D’s 1,279,701, and KRW 2,000,50,000 to Defendant C on March 28, 2014, and KRW 1,082,570,570 to Defendant D’s 2,000,000, and KRW 1,082,570 to Defendant D on April 10, 2014. From March 25, 2014 to April 28, 2014, the Defendants paid the aggregate of KRW 1,082,570 to Defendant D’s 1,082,570,000, respectively.
E. Meanwhile, Defendant C’s representative director of J around January 2014, prior to the establishment of the Plaintiff Company.