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(영문) 서울고등법원 2018.11.09 2018나2015978

손해배상(기)

Text

1. The plaintiff's appeal against the defendant C and D and the appeal against the defendant B are all dismissed.

2. The Plaintiff and the Plaintiff out of the appeal costs.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff was a stock company established on February 24, 201, for the purpose of clothes and miscellaneous washing business, and was established on February 24, 2011. The trade name at the time of incorporation was “stock company E” but was changed to the trade name as of March 19, 2015 (hereinafter “Plaintiff Company”), regardless of whether it was before or after the mutual change.

(2) Defendant B, from March 2009 to June 2012, 2012, established a laundry factory in Gangnam-gu Seoul, Seoul, with G, H, I, etc., to promote the specialized laundry business for the company after establishing it with G, H, and I, etc., and was the representative director from March 2009 to June 201.

Defendant C is the spouse of Defendant B.

3) Defendant D is the representative of KK who supplied the Plaintiff Company with laundry machines and carried out the laundry factory installation work. B. Defendant B’s embezzlement and criminal punishment 1) provided the Plaintiff Company with laundry machines on September 16, 2011, pretended to pay the machinery cost to the Defendant D’s representative who carried out the said laundry factory installation work, and immediately transferred the company’s funds to Defendant D’s account through 100,000,000 won from Defendant D’s wife’s account (L). As such, Defendant B received 120,000,000 won from Defendant D’s wife’s Defendant C’s account (L) and pretended to have paid the company funds to Defendant D’s account on December 22, 201, and returned the company funds to 120,000,0000 won from Defendant D’s account with 00,0000,0000 won in total, and 100,0000,0000.

2. In addition, in order to embezzled corporate funds by pretending the payment of the transaction price in relation to the above business, the sum of KRW 2.5 tons and KRW 10,000,000 on October 24, 201, and KRW 27.25,00,000 on October 27, 201, and KRW 34,30,000 on August 28, 208.