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(영문) 인천지방법원 2017.01.11 2015가단229463 (1)

손해배상(기)

Text

1. The plaintiff

A. The Defendants jointly share KRW 70,709,698 as well as Defendant Co., Ltd. from October 10, 2016.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”)’s status as the parties is a corporation with the purpose of importing, exporting, selling, and operating yacht clubs.

Defendant C, while substantially operating the Defendant Company, served as the representative director of the Defendant Company from December 4, 2014 to May 15, 2015, and served as the representative director from June 24, 2016 to June 24, 2016.

B. Embezzlement 1 of Defendant C related to D(D) is the Plaintiff and Japan 40 feet yachts (D, sailing yachts, registration number G, hereinafter “D”) in Jung-gu Incheon on June 17, 2014 from the F located in Jung-gu, Incheon.

) The business that purchases and pays profits from the operation in the vicinity of the Yong-do shall be invested in a rate of 50:50 percent. The name of the ownership of the above yacht shall be cancelled in the future of the plaintiff, and 50% of the operating earnings shall be paid as the rent for the above yacht, and the defendant C shall manage and preserve the above yacht (hereinafter referred to as the “instant entrusted operation contract”).

(2) From June 17, 2014 to September 30, 2014, Defendant C received KRW 80,845,990 from the Plaintiff and promoted a project under the instant consignment operation contract. On September 30, 2014, Japan purchased and carried in approximately KRW 120,000,000 in the market price into the Republic of Korea, and thereafter carried out the said yacht for the Plaintiff from that time.

3) Of that, Defendant C arbitrarily borrowed KRW 60,00,000 for personal use on October 30, 2014 from H and provided D as a sale security, and the owner’s registration is completed in the name of H on the same day, thereby embezzlement (hereinafter “instant embezzlement”).

(4) Defendant C was sentenced to a community service order for 20 years and 80 hours from the Incheon District Court (2016Kadan2542) to September 23, 2016 due to the instant embezzlement, and the said judgment became final and conclusive.

5 Defendant C.