beta
(영문) 서울서부지방법원 2014.10.02 2014가합345

손해배상

Text

1. The plaintiff's primary and conjunctive claims against the defendant C, and all other claims against the other defendants.

Reasons

1. Basic facts

A. From April 19, 2011 to April 2012, F is a person who served as a general director of a rehabilitation debtor A, and Defendant C is a spouse and a person who is in a de facto marital relationship with F and has been working as a non-registered officer of the above company. Defendant D is the mother of the above C, and Defendant E is the co-born of the above C.

On the other hand, on July 12, 2013, the above company was decided to commence rehabilitation procedures as Seoul Central District Court 2013 Ma111, and the plaintiff was appointed as the administrator on the same day.

B. On June 1, 201, F, who was in charge of purchasing the health equipment of the above rehabilitation company, purchased a sports organization equivalent to KRW 500 million from the East F, Inc.’s purchase price at the time of East F, Inc., and prepared a contract equivalent to KRW 700 million upon request from the other party’s employees, and had the above rehabilitation company pay KRW 700 million to the other party’s company at the purchase price. On June 9, 201, F, upon request from the other party’s employees, returned KRW 23,000,000 to the National Bank’s account in the name of F, KRW 8,00,000, KRW 9,000 to the new bank account in the name of Defendant C, KRW 8,000,000, KRW 8,000 to the account in the name of Defendant E, Han Bank account in the name of Defendant E, KRW 8,500,000, KRW 8817,19787

C. On November 5, 2013, F was sentenced to six months of imprisonment in the appellate trial of Seoul Western District Court 2013No843 due to occupational breach of trust and fraud, and the judgment was finalized on January 23, 2014.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number)

2. The plaintiff's assertion

A. In the first place of the claim against the defendant C, F acquired the above rehabilitation company by deceiving 119,65,180 won. The defendant C, the actual wife of F, is not only the one in the name of the principal but also the one in the name of the mother-child and the mother-child.