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(영문) 서울북부지방법원 2019.12.05 2018가합23487

손해배상(기)

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. The relationship 1) The Plaintiff is a person who operated the “E” store in Songpa-gu Seoul Metropolitan Government D, and the Defendant C became aware of the Plaintiff as an employee of F Co. F, Ltd. who acquired the above store from the Plaintiff, and he stored a kind of friendship in the process of the above store acquisition. Defendant B is running a business in China by attracting investment to the husband of the Defendant C, and G is the husband of the Plaintiff.

B. The Plaintiff, G and the Defendants’ partnership agreement and the establishment of a legal entity 1) Plaintiff, G (hereinafter “Plaintiff, etc.”)

(2) On April 2016, the Defendants established a corporation and decided to carry out the business of fertilizer, scam, and macact export to China, which Defendant B was promoting. Specifically, the Plaintiff invested KRW 300 million in the joint business, and the Defendants decided to carry out the joint business by utilizing infrastructure in China, and the profits arising from the joint business were divided by 50:50. Accordingly, around April 2016, the Plaintiff established H (hereinafter “H”) by investing capital of KRW 100 million in order to carry out the joint business, and the Plaintiff was appointed as the representative director, and G was appointed as the auditor of H.

C. After the Plaintiff’s investment and the progress of the instant project in Korea, the Plaintiff transferred KRW 171,861,300 to H legal entity account in Korea for business purposes = 139,137,300 to Q Bank legal entity account in Q Bank account in Q Bank account in Q Bank account in KRW 32,724,000. On the other hand, the Defendants, who are in charge of the local business of China, transferred the amount of KRW 151,370,000 to the J Bank account in the name of Defendant C for business expenses (including the payment to Defendant B), from April 1, 2016 to November 30, 2016, and KRW 151,370,000 to the K Bank account in the name of Defendant C’s natural fertilizer business, and the Plaintiff’s transfer the amount of KRW 10,000,000 to the Defendant C’s business entity account in China, including the Plaintiff’s natural fertilizer account in May 24, 2016.