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(영문) 서울중앙지방법원 2021.02.18 2019가합516604

손해배상(기)

Text

1. The defendant

A. As to KRW 255,64,190 and KRW 250,00,00 among the costs, Plaintiff A Co., Ltd., from November 14, 2016.

Reasons

1. Basic facts

A. The status of the parties concerned, Plaintiff A and Plaintiff D are corporations with the purpose of wholesale and retail business of fishery products, and Plaintiff D supplied fishery products to F.

Plaintiff

B The representative director of Plaintiff A and the director of Plaintiff C are the representative director of Plaintiff D.

The Defendant served as the representative director of Plaintiff D from February 25, 2015 to February 16, 2017.

B. (1) On September 2016, the Defendant supplied Plaintiff B and C with fishery products to F. The sales of KRW 150,000,000 or KRW 170,000 per month have occurred, and the rate of return is 10% per month.

At present, although the scale of supply is small due to lack of financial capacity, if the funds are secured, the scale of supply can increase.

F The F made two payments in one month, and if there is funds of KRW 550,000,000,000 in one month, the F made it possible to make a profit of KRW 100,000 in one month. The F made and recommended an investment.

Plaintiff

B, on October 24, 2016, Plaintiff B and C entered into a joint agreement with the Defendant and Plaintiff D with the content that Plaintiff B and C would procure the purchase price of fishery products to be supplied to Plaintiff D’s F, and take charge of accounting and tax-related affairs. The Defendant and Plaintiff D would take charge of the sale, management, distribution, etc. of the aforementioned fishery products, and receive half of profits from Plaintiff B and C (hereinafter “instant joint agreement”).

Plaintiff

B and C paid Plaintiff D KRW 380,000,000 on October 25, 2016, and KRW 170,000,000 on October 28, 2016, in accordance with the instant joint project agreement, KRW 550,00,000 on October 28, 2016.

2) On November 21, 2016, the Defendant used the above KRW 550,000,000 for the repayment of other obligations, not for the purchase of fishery products. On November 21, 2016, the Defendant drafted a modified contract (No. 7-1) containing the content that transferred 80% of the shares issued by Plaintiff B and C out of the shares issued by Plaintiff D in return for the breach of the instant joint project agreement.

Since then, on February 16, 2017, the Defendant issued the remainder of the Plaintiff D’s shares to Plaintiff B and C.