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(영문) 서울서부지방법원 2019.01.30 2017가합38945

불법행위로 인한 손해배상 청구 등의 소

Text

1. The defendant,

A. From November 16, 2017, Plaintiff A 19,591,500 won and its related thereto:

B. Plaintiff B: 74,483.

Reasons

Facts of recognition

Plaintiff

On July 1, 2014, the Plaintiff A and the Defendant entered into a partnership agreement (hereinafter “instant partnership agreement”) with the content that they will jointly establish and manage D Co., Ltd. (hereinafter “D”).

The details of contributions and shares under the Dong business agreement of this case are as follows.

Plaintiff

A shall invest capital of KRW 200 million, and the defendant shall also invest KRW 20 million by July 1, 2015.

The shares shall be 51% by the plaintiff A, and 49% by the defendant.

Plaintiff

A’s investment and D’s establishment Plaintiff A paid KRW 200 million according to the instant trade agreement as follows.

On June 17, 2014, June 17, 2014, 200 E Licensed Real Estate Agent A (D)’s account under the name of the Plaintiff for Management (D Establishment) on June 60, 2014, 200,000 E Licensed Real Estate Agents A (D Establishment) on June 23, 2014, July 11, 2014, the Defendant’s account under the name of KRW 26,000,000 on July 26, 2014, and the name of KRW 100,000,000 on August 14, 2014, and the Plaintiff and the Defendant established D on July 14, 2014. The Plaintiff and the Defendant assumed office as a director, and the Plaintiff and the Defendant resigned as the representative director, and the Defendant assumed office on July 22, 2014.

The Defendant’s voluntary use of the Defendant’s contribution transferred money in custody from the Plaintiff A to the following and used it for personal use.

A list of crimes (1) attached to a deposit account in the original deposit account from July 21, 2014 to December 25, 2014 to December 25, 2014, 710,000 of the Defendant’s account in the name of the F Bank (hereinafter “F Bank account”) under the name of the Defendant, another F Bank account (side 4 units G, D establishment), I Bank account, I Bank account, and crime list (2) Nos. 1, 24, 2014, and June 24, 2014;

6. On August 2, 2014, 27, 14,001,50 Defendant Management Plaintiff A’s account (D establishment) K and each of the embezzlement methods listed in the separate sheet of crimes (2) Nos. 6,300,000 attached to L’s account in the name of corporate bank K on August 2, 32014, each of the embezzlement methods listed in the separate sheet of crimes (2) Nos. 4 through 8 attached to the separate sheet of crimes (2) is a clerical error in the column of each embezzlement method written in the correction of the annexed sheet of crimes (2).

d. 2014.