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(영문) 서울중앙지방법원 2018.08.16 2016가단5147241

손해배상 등

Text

1. Defendant C Co., Ltd. shall pay 30,000,000 won to the Plaintiff and 15% per annum from July 2, 2016 to the day of full payment.

Reasons

1. Basic facts

A. The instant assignment of claims (1) supplied agricultural products to E Co., Ltd. (hereinafter “E,” “E”) and Defendant C Co., Ltd. (hereinafter “Defendant C,” and both E and Defendant C (hereinafter “Defendant C”) from around 2011 to September 2013.

(2) The Plaintiff filed a complaint with D on the charge of fraud as it invested the purchase price of agricultural products, such as excreta and unpaid, and invested the amount after having agreed to distribute net profit by trading agricultural products, and D did not pay the Plaintiff a proper amount of investment profits.

(3) On December 17, 2013, D changed to the purport that, with respect to the suspicion of fraud, the police did not receive KRW 100 million for the remainder of the goods from E, etc., the Plaintiff was unable to pay the remainder of the goods.

(4) On December 21, 2013, D requested Defendant B, the representative director of E, to create a false document as if the claim for the remainder of the goods in D remains in 100 million won. Accordingly, Defendant B prepared and issued a false statement of transaction partner as if the remainder of the goods in D remains in 99,475,000 won.

(5) On December 26, 2013, D stated to the effect that, while having been examined with the Plaintiff by the police, D did not receive the remaining amount of KRW 99,475,00,00 from E while presenting the said Customer Director.

At the time when the police officer in charge contacts Defendant B’s cell phone, Defendant B made a false statement that “E’s obligation to pay the remainder of the goods to E is KRW 9,475,00,00 due to the price decline of agricultural products, etc., E is not paid due to E’s financial standing due to the price decline, etc., and D sent the Customer Director by facsimile,” and the said statement was also made by the Plaintiff and D.

(6) The Plaintiff was delegated with D’s authority to receive the remainder payment claim against D from D, and withdrawn the said complaint against D.

(7) On January 2, 2014, D on November 2, 2014, the Plaintiff is jointly and severally liable with D, etc. on November 27, 2012.