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(영문) 서울중앙지방법원 2016.07.22 2014가합45312

손해배상(기)

Text

1. The plaintiff A:

A. As regards Defendant E, 509,507,484 won and 123,802,274 won among them, Defendant E shall be from September 6, 2011, and 285,705.

Reasons

1. The following facts of recognition are not disputed between the parties, or may be acknowledged by taking into account the whole purport of the pleadings as a whole in the entries in Gap evidence 1-1, 2, 2-1, 2-4, 4, 6, 14, 14, 1-1:

1) As of March 31, 2012, Defendant C is the Defendant F Co., Ltd. (hereinafter referred to as “Defendant Company”).

2) Of the total number of shares issued by Defendant C, Defendant D was registered as the representative director of Defendant Company from August 24, 2010 to October 5, 201, the total number of shares issued by Defendant C was 83,000 shares (including shares held by Defendant D, children, G, and H, total of 16,000 shares).

B. Defendant E’s securities forgery 1) Defendant E’s respective promissory notes issued by the Defendant Company (hereinafter “each of the instant promissory notes”) as indicated in the following table, which took overall charge of the civil engineering works as executive directors of the Defendant Company.

In the latter end, the endorsement was forged in the first endorsement column, and each of the said promissory notes was delivered to the Plaintiff B.

Plaintiff

B made an endorsement in the second endorsement column of each Promissory Notes, and then delivered each of the said Promissory Notes to A. Accordingly, the Plaintiff transferred money in the name of the discount of the amount of the Promissory Notes as indicated below.

The amount of KRW 114,731,695, which Plaintiff A, on September 6, 201, entered I’s personal information in the column for first endorsement of the bill number J on Sep. 6, 2011, transferred to the national bank account in the Plaintiff B’s name, the remainder of KRW 107,610,000, which Plaintiff B deducted from the above amount, to the agricultural bank account in the name of I, shall be transferred at the face value of KRW 123,802,274, the representative director D issuance date of the FF Bank Bank Bank Bank Bank Bank Co., Ltd., Ltd., which was issued on Sep. 6, 201, and February 9, 2012, the amount of KRW 264,772,542, the amount of KRW 260,000,000, the remaining amount of KRW 123,800,74,527,527.