손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. Defendant B and E established for the purpose of manufacturing parts of equipment from June 7, 2012 to January 28, 2013, and the Plaintiff was registered as the auditor from January 28, 2013 to March 17, 2016, respectively, as the representative director, F (E’s children), and G (Defendant B’s children) were registered as the internal director and the Defendant C’s auditor, and thereafter the Plaintiff was in charge of the internal director solely.
On the other hand, Defendant B is the Plaintiff’s higher-ranking relationship, and Defendant C reported a marriage on November 26, 1985 with Defendant B, but reported a divorce on October 4, 200.
B. The Plaintiff remitted the amount of KRW 50 million (hereinafter “loan”) on July 25, 2012 to D’s account; ② the sum of KRW 30 million on January 25, 2013 and KRW 20 million on January 28, 2013 (hereinafter “the sum of KRW 30 million and KRW 20 million”); ③ the sum of KRW 50 million on September 13, 2013 (hereinafter “loan”); and ④ the amount of KRW 50 million on September 13, 2013 (hereinafter “loan”); and ④ the amount of KRW 20 million on October 29, 2013 (hereinafter “No.4”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 11, Eul evidence No. 1-1, Eul evidence Nos. 6 and 7, the purport of the whole pleadings
2. The assertion and judgment
A. Plaintiff’s assertion 1) The Defendants, as one of the most married couple, operated D with the most married couple. Defendant B, even if she borrowed money from the Plaintiff for the purpose of operating funds, was unaware of intent and ability to repay it, and was used for other purposes, by deceiving the Plaintiff, and by deceiving the Plaintiff as operating funds of D, KRW 152 million in total from the Plaintiff to the No.440 million (= KRW 50 million (= KRW 50 million) KRW 50 million, KRW 50 million, KRW 50 million, and KRW 2 million). Defendant C actively participated in the act of defrauding the Plaintiff by partially repaying interest or principal related to loans from the Plaintiff to the No.400, and the Defendants, even after the Plaintiff was registered as the representative director, Defendant C actively participated in the act of acquiring the said funds from D’s account.