손해배상(기)
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Plaintiff Company is a limited company engaging in the business of collecting forest aggregates (former mutually limited company), and D is a person who was the representative director of the Plaintiff Company from June 1, 2010 to April 10, 2014.
B. The Plaintiff Company paid the deposit money for recovery of earth and stone at the Namwon-si prior to the collection of forest aggregates in the Namwon-si. In lieu of the payment of deposit money, the Plaintiff Company provided two guarantee insurance contracts for recovery expenses between the insured and the F Company as the Namwon-si market: (i) the insurance amount of KRW 1,05,295,000; (ii) the insurance period from April 29, 201 to October 31, 2015; (iii) the insurance amount of KRW 842,683,00; and (v) the insurance period of KRW 842,68,00; and (v) the insurance period from August 19, 2009 to October 31, 2015.
B. Each guarantee insurance contract of this case (hereinafter “each guarantee insurance contract of this case”)
(C) On the other hand, D, on August 8, 201, borrowed KRW 230,000,000 from G Limited Company in the name of the Plaintiff Company, and transferred KRW 200,000,000 to H Bank’s account (Account Number I) in the name of the Defendant (hereinafter “Defendant Deposit”).
(D) On August 8, 2011, in order to secure the Plaintiff’s obligation to the F Company under each of the instant guarantee insurance contracts, the Defendant created a pledge in the future for the instant Defendant’s deposit claims to secure the Plaintiff’s obligation, and the H Bank expressed its consent to the F Company. F Company terminated each of the instant guarantee insurance contracts on January 12, 2015, and notified H Bank of the termination of the pledge contract on the instant Defendant’s deposit claims and the termination of the pledge contract. The Plaintiff Company demanded the Defendant to return the instant Defendant’s deposit to the Plaintiff and pay it to the Plaintiff, but the Defendant did not comply therewith. [In the absence of any dispute over the grounds for recognition, evidence No. 1, No. 2, No. 2, No. 1, No. 2, No. 2, No. 2, and No. 3-1, each of the items of evidence No. 3-1, all of the pleadings.
2. The plaintiff's assertion and judgment shall be KRW 200,000,000 for the defendant by the representative director D of the plaintiff company.