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(영문) 서울중앙지방법원 2016.12.23 2014가합551831

손해배상(기)

Text

1. Defendant C’s KRW 1,100,000,000 as well as 5% per annum from December 19, 2013 to October 13, 2014.

Reasons

Facts of recognition

Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company whose purpose is to manufacture electronic parts and electronic products and wholesale and retail business, and Defendant D is the vice head of the purchasing team of the Defendant Company, who has been in charge of ordering, etc. against the printing circuit manufacturer.

Defendant C is the actual management owner of a company E (hereinafter referred to as “E”) who runs the business of manufacturing printed circuit board (PCB).

The plaintiff is a creditor who lends money to E.

From August 2013 to November 201, Defendant C, such as Defendant C’s order form in the name of the Defendant Company, forged the e-mail in Defendant D with the content that the Defendant Company orders the supply of goods to E, the payment plan in the name of the Defendant Company, and the payment plan in the name of the Defendant Company, and forged the e-mail in the name of Defendant C with the content that E supplies total amounting to KRW 18,127,84,712 for ten times.

Defendant C’s act of acquiring money against the Plaintiff on October 2013: “E delivers the printed circuit board product, which is a mobile phone component, to F, KRW 2 billion per month, to B, which is the primary subcontractor of Samsung Electronic, and the amount of raw material purchase is short of funds on the wind that is delayed in collecting the claim amount of KRW 10 billion which is to be paid by B; if 50 million is leased, it shall be repaid after one month; and if it is possible to provide B with the claim amount of goods; it shall be provided as security; and some of the above order document and the tax invoice; the deposit transaction output is presented; and it shall be lent KRW 50 million on behalf of the Plaintiff to E on November 21, 2013; and (2) to lend KRW 400 million on November 25, 2013; and (3) to lend KRW 300 million on December 13, 2015; and (4) to lend KRW 300 million on December 25, 2013.