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. Under the underlying facts, the Plaintiff supplied the building materials, such as shot pumps, to D Co., Ltd. (hereinafter “D”), and had remaining KRW 563,268,030 on February 10, 2010. However, D closed down business around March 201.
In addition, Defendant A was the representative director of Defendant A, Defendant B was the father of Defendant A, and Defendant C was the children of Defendant A.
[Reasons for Recognition] No. 1, Gap's evidence (written evidence number includes the number; hereinafter the same shall apply), Eul's evidence No. 2, and the purport of the whole pleadings
2. Compensation for damages caused by illegal acts;
A. The plaintiff asserts that since the defendants used 1,792,392,00 won of the construction price claim against the business partner from around 2006 to 2012 as stated in the attached Table 1 with the defendant's personal account or deposited 1,792,392,00 won in D with the name of a provisional deposit, they used it again under the pretext of the provisional deposit deposit, thereby causing damage to D, or infringed upon the plaintiff's claim for the price of goods against D, the defendants are liable to compensate the plaintiff who subrogated D for damages caused by the above tort, or the plaintiff is liable to compensate the damages suffered by the plaintiff due to the above infringement of claims by the defendants.
Therefore, the Defendants asserted that, by accepting the tax invoice from the customer of D to the account in the name of the Defendants, the construction cost was deposited into D, or used for D operations expenses without such deposit procedure, and there was no sign used for D operations, and therefore, there was no reason to pay damages to D or the Plaintiff.
B. In fact, Defendant A, the representative director of D in the monetary transaction method of 1D, intended not to issue a tax invoice for 10% of value-added tax by livestock farmers, who are customers of D, for the purpose of not issuing a tax invoice, by mixing the passbook in the name of D and the personal passbook in the name of Defendant A, and received the construction cost, and deposit the amount of personal passbook in D with the representative director as the deposit amount by the representative director.