logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2021.01.14 2019가단24357
손해배상
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. Defendant E Co., Ltd (hereinafter “Defendant E Co., Ltd”) was established on June 4, 2013 for the purpose of insurance sales agency business, etc., and F was registered as its representative (in-house director), but Defendant D substantially operated the Defendant Company, and Defendant D is serving as the representative director of the Defendant Company from May 8, 2020.

G Co., Ltd. (hereinafter “G Center”) was established for the purpose of insurance agency business, etc. on April 17, 2014, and H’s wife was registered as the representative director of each G Center from August 8, 2014 to October 18, 2016, and H and J substantially operated the G Center.

B. On May 12, 2014, Plaintiff A established L Co., Ltd. (hereinafter “L”). From the time of establishment of the G Center to October 18, 2016, Plaintiff A served as an internal director of the G Center, from September 6, 2016 to October 18, 2016, respectively, as the representative director of the G Center from September 18, 2016, and registered as the representative of the G Center L branch on August 11, 2014.

Plaintiff

B as the partner of the Plaintiff A, the representative of the G Center (in-house director) from July 10, 2017 is serving as the representative of the G Center, and the Plaintiff C is serving as the representative (in-house director) from the time when L is established as the child of the Plaintiff A.

(c)

J, H, and Plaintiff A, separate from the legal nature of the G Center, operated the G Center’s central branch, new road branch, and L branch, and operated a partnership business in the form of allocating its fees according to its operating ratio. As the conflict arises between H and J, an agreement was concluded between H and J on April 23, 2015 to adjust the same partnership between H and J.

G Center's shares 5,000 were transferred to I.

(d)

On March 30, 2016, between the defendant company and the G Center, loans to the G Center of the defendant company were KRW 300 million and KRW 200 million, the due date for payment was 20% per annum on April 30, 2016, and the interest rate was 20% per annum on each of the joint and several guarantees by H and I.

(e).

arrow