손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. From February 2012 to December 2014, Defendant C had been in office as the former director of Defendant CF (hereinafter “Defendant CF”)’s agricultural cooperative from February 201 to December 2014. Around March 21, 2015, Defendant CF was appointed as the president of the agricultural cooperative, and then resigned from office as the president of the Defendant CF on December 30, 2015.
B. Although Defendant D conspired with Defendant A and did not intend to supply grain to Defendant A (hereinafter “B”), the fact entered into an agricultural product supply contract with Defendant CF with the content of supplying grain equivalent to KRW 800 million to Defendant B, around September 18, 2014, and Defendant B transferred the price of KRW 800 million to Defendant CF’s account on September 23, 2014.
C. After January 2015, Defendant D received a request from Defendant B to return the above KRW 800 million from Defendant B, and around May 2015, Defendant D proposed that “FFF AFC temporarily return KRW 800 million received from Defendant B, and that “FFFC will temporarily return KRW 800,000,000,000,000,000,0000,000 won to H’s account, as ordered by Defendant D,” and on May 7, 2015, G transferred KRW 60,000,000,000 from Defendant A (J) to Defendant D’s agricultural bank account (hereinafter “I”). On the same day, Defendant D transferred the amount to KRW 60,000,000 to the Plaintiff’s account actually used by Defendant D.
[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1 to 5, Eul evidence 9 to 11, Eul evidence 1 to 3, Eul evidence 5 to 7, witness H's testimony and the purport of the whole pleadings
2. The plaintiff's assertion
A. When Defendant D and Defendant B temporarily remitted KRW 800 million to the account of Defendant C, they deceiving the Plaintiff as soon as they will immediately return the money, thereby deceiving the Plaintiff. Meanwhile, Defendant CF as Defendant CF’s user, and Defendant CF is related to the performance of duties of Defendant CF.