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(영문) 대전지방법원 2019.06.12 2018가합107606

손해배상(기)

Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates mechanical equipment construction business, etc., and Defendant C (hereinafter “Defendant Company”) is a corporation that broadcasts and advertises, etc., and Defendant B is the representative director of the Defendant Company.

B. Around September 2018, the Plaintiff provided false sales data between the Defendant Company and the Plaintiff. The Plaintiff paid 17% amounting to KRW 220 million to the Defendant Company for that false sales data, and the Plaintiff again agreed to return to the Plaintiff the remainder of KRW 186 million after deducting 17% of the above purchase amount from the Defendant Company’s account to the Defendant Company for remainder of deposit evidence.

(hereinafter referred to as the “instant agreement,” and the above KRW 186 million shall be referred to as the “instant refund”). D.

Accordingly, on September 5, 2018, the Plaintiff drafted a false purchase contract with the Defendant Company, received the purchase tax invoice from the Defendant on September 28, 2018, and deposited KRW 220 million with the Defendant Company’s account on October 17, 2018.

The Defendant Company paid to the Plaintiff KRW 20 million on December 5, 2018, KRW 30 million on December 10, 2018, KRW 25 million on December 17, 2018, KRW 15 million on December 26, 2018, KRW 260 million on December 26, 2018, KRW 20 million on March 4, 2019, and KRW 15 million on a total.

[Grounds for Recognition: Evidence Nos. 1 through 4, Evidence Nos. 1 through 6, and the purport of the whole pleadings]

2. Determination on the cause of the claim

A. The Plaintiff’s summary of the Plaintiff’s assertion was introduced by Defendant Company E from Defendant Company E, and entered into the instant agreement with Defendant Company. Defendant B received KRW 220 million from the Plaintiff for purchase under the instant agreement, and did not return the instant refund and continued to contact with the Plaintiff’s employees.

Defendant B shall have the intention or ability to pay the refund of this case to the Plaintiff.