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(영문) 수원지방법원 2021.01.28 2018가합27488

손해배상(기)

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The Defendants jointly share KRW 2,00,000,000 with respect to the Plaintiff and 5% per annum from November 12, 2016 to May 11, 2020.

Reasons

Determination as to claims against Defendant B and C

(a)for the purposes of sub-paragraph 2(b)(i) below the indication of the claim;

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the applicable law (a judgment deemed to be a confession)

2. Determination as to the claim against Defendant D and E

A. Defendant C from July 2003, and Defendant D from around 2004, served as the Plaintiff operating a freezing warehouse.

In around 2012, Defendant C promoted to the Plaintiff’s executive director, and took overall control of all the tasks, such as business teams, entry and exit teams, public service teams, and management teams, and Defendant D, by promoting the director of the business team division around 2013, has overall control over the tasks of business and computer management.

B) Defendant B, Inc. (hereinafter “Defendant B, etc.”) and G, H, I, and J, K, L, etc., M N,O, P, and Q Q, respectively (hereinafter “Defendant B, etc.”). In addition, Defendant B, from November 5, 2015 to Defendant B, was in the position of exercising overall control over accounting affairs while serving as management directors in F, operated by Defendant B, as management directors.

C) R is the representative of S that engages in loan arrangement business.

2) A financial institution, including the structure of a loan against the security of meat and a recruitment of related persons, provided a loan to an imported meat distributor as a collateral. During that process, the Plaintiff entered into a freezing warehouse use agreement with the freezing company, such as the Plaintiff.

The Plaintiff issued a “transfer confirmation document” to the effect that the ownership of the collateral is changed from an imported land distributor to a financial institution and the continued storage of the collateral is preserved for a financial institution, in the event that the imported land distributor obtains a loan as collateral for the imported land stored in the warehouse according to the contract.

B) The S who entered into an entrustment contract with T insurance and loan solicitation service evaluated the value of the land offered as security and prepared the “written investigation of the price of the secured goods and the written guarantee” and submitted it to T insurance.

C) Defendant.