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(영문) 창원지방법원진주지원 2016.11.16 2015가합11581

손해배상(기)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 168,00,01,30 out of KRW 692,939,727 and the said money, from January 1, 201.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter “Plaintiff”) is a juristic person operating the manufacturing business of agricultural instruments, parts, and automobile parts, etc.; Defendant B from July 11, 1998 to November 17, 201; Defendant C, as children of Defendant B, was the Plaintiff’s representative director, inside director, or director from December 13, 2007 to November 17, 201.

B. The Plaintiff Company entered the Plaintiff Company’s director C as Defendant C, and the Plaintiff’s operator C as D, respectively, in order to prevent confusion between the Plaintiff and the Plaintiff Company’s director and the Plaintiff’s operator from 2010 to 201.

Between division and division, the Plaintiff Company entered into a contract with the main contents that the Plaintiff Company would pay processing fees from the Plaintiff Company in return for providing D with raw materials and processing D with D’s raw materials and supplying them to the Plaintiff Company (hereinafter “instant contract”).

C. Meanwhile, between around 2010 and around 2011, Plaintiff Company did not recover scrap by-products generated from D in the course of processing raw materials under the instant contract, and on March 27, 2015, Plaintiff Company filed a sales claim equivalent to KRW 442,022,50 against D (= KRW 168,001,300, KRW 300, KRW 274,021,20, KRW 200, KRW 2761, KRW 279, KRW 208, KRW 2016, KRW 208, KRW 2016, KRW 207, KRW 208, KRW 2016, KRW 301, KRW 275, KRW 2016, KRW 207, KRW 209, KRW 301, KRW 275, KRW 209, KRW 208, KRW 196, KRW 2016, KRW 2081, KRW 2081080.