손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 1, 2004, the Defendant completed business registration under the trade name of “A” (hereinafter “individual entrepreneur A”), and established the Plaintiff as a company engaging in the clothing manufacturing business, etc. on February 16, 201, and registered the Plaintiff as a joint representative director from April 16, 201 to March 30, 201, and was in charge of the Plaintiff’s operation and funding.
B. From the Plaintiff’s account, the Defendant transferred KRW 60,00,500, and KRW 17,009,250 on September 5, 201, to the account of “C”, which is a collaborative company that was supplied after receiving an order for each clothing processing service from the Plaintiff and the individual business entity A, respectively.
C. As of October 31, 201, “C” issued a tax invoice in an amount equivalent to KRW 103,748,912 and claimed for the payment of the processing amount. On November 12, 2011, the Defendant received KRW 103,748,700 from the Plaintiff’s account to the Defendant’s account from the Defendant’s account to the Defendant’s account, and remitted only KRW 72,26,598 out of the same day to the “C” account.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5, 8, 13, 14, 18, 3 and 12, and the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is as follows: (a) as the Defendant embezzled or wrongfully obtained a total of KRW 108,491,852 from the Plaintiff, the Defendant is obligated to pay the said money and its delay damages to the Plaintiff.
1) The Plaintiff did not place an order for a discretionary processing service equivalent to the amount set forth in the above 1-B(b) to “C”. The Defendant sent the amount of each of the above amounts from the Plaintiff’s account to “C” for the payment of the remaining money remaining after subtracting the amount of KRW 13,873,000 paid from the Defendant’s account from the amount of KRW 90,882,550 for a personal business operator A’s “C” that he operated.
As described in paragraph (1), the difference between the money remitted from the Plaintiff to “C” and the money actually remitted by the Defendant to “C” (103,748,912-72,92,56,598 won).