beta
(영문) 부산지방법원 2016.12.14 2016가합41114

양수금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Party relations 1) E Co., Ltd. (hereinafter “E”);

(2) Defendant B is a company whose purpose is the wholesale and retail business, etc., and Defendant B works in E from December 2005 to June 29, 2013, and was in charge of managing customers, etc. of the said company. Defendant C is the wife of Defendant B, and Defendant D is the children of Defendant B.

B. 1) From January 7, 2012 to July 23, 2013, E provided goods equivalent to KRW 708,758,368 to Defendant D and C, and did not receive KRW 109,370,928 of the price of the goods, and filed a lawsuit claiming the price of the goods against the said Defendants under the Busan District Court Decision 2014Gahap3439, May 9, 2014, F transferred the said claim for the price of the goods from E on May 9, 2014, and damages claim KRW 214,421,556, KRW 30,629,072, KRW 100,000,000,000 (= KRW 309,370,928,000, KRW 306,000,000).

3) On April 10, 2015, the above court rendered a judgment that “Defendant D and C shall pay F KRW 109,370,928 and delay damages therefor,” and the said Defendants shall pay the Busan High Court Decision 2015Na2416 (hereinafter “previous Lawsuit”).

(1) On July 17, 2015, Defendant B participated in the above conciliation and coordinate the following (hereinafter “instant conciliation”) between E, F, and the Defendants on the date of the conciliation proceeding pending in the appellate trial.

1. The first instance court held that Defendant D and C jointly pay F 109,370,928 won and damages for delay, and the above judgment is reasonable in light of legal principles and relevant evidence. It is highly probable that Defendant B, the intervenor of the conciliation, has a certain share in E based on the settlement of the partnership with F, the representative director of the E (see Busan District Court Decision 2014Da41271, Jun. 2, 201).