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(영문) 서울남부지방법원 2017.01.12 2015가합107428

손해배상 청구등의 소

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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. Party status 1) The Plaintiff is a company that performs the construction work of steel structure as an objective business by entering into G Co., Ltd. (hereinafter “G”) which is an affiliate company of the Plaintiff on April 5, 1984 and was transferred to the Plaintiff on January 1, 2005. From April 2, 2012, the Plaintiff was serving as the representative director of the Plaintiff and retired on March 31, 2015.

In addition, the defendant C was employed by the plaintiff around 2002 and performed the overall management of the plaintiff's respective construction sites under the direction of the defendant C, and retired around 2015.

3) Defendant D is the spouse of Defendant C. Defendant E as the spouse of Defendant B, on April 9, 2015, is the real estate listed in the separate sheet No. 1 from Defendant B (hereinafter “instant real estate No. 1”).

(C) On April 20, 2015, Defendant F was donated to Defendant C, and on April 20, 2015, the real estate indicated in the separate sheet No. 2 from Defendant C (hereinafter “instant real estate No. 2”).

B) A purchaser is the Plaintiff’s purchaser. The Plaintiff’s head office’s accounting manager of the Plaintiff’s head office has purchased the funds at the Plaintiff’s construction site of the following structure: (i) The director of the public service division at the construction site prepared a monthly application for funds, along with wage specifications, tax invoices, receipts, and documents pertaining to the details of expenditure for each item; and (ii) requested funds necessary for the Plaintiff’s head office after obtaining approval from the director of the site and the construction manager; and (iii) transferred the funds to the Plaintiff’s corporate account at each construction site where special problems are not discovered, if there are no special problems.

2. The director in charge of public affairs shall deposit money with the work expenses of the construction site, such as personnel expenses for on-site workers, credit purchase expenses, and management expenses.