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(영문) 서울고등법원 2019.12.20 2019나2033461

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The F Co., Ltd. (hereinafter “F”) was registered as the representative director for the purpose of the business of manufacturing and trading semiconductor parts, and the Defendant was registered as the representative director. However, the actual operation of the F Co., Ltd. (hereinafter “F”) was in full charge of the Defendant’s type E (Death on February 13, 2017, hereinafter “the deceased”).

B. On June 25, 2013, F entered into a contract with G Co., Ltd. (hereinafter “G”) which is a lease company and one door-based machine learning center (hereinafter “instant machine”) (H and IS 201), and used the instant machine by delivery from suppliers around that time.

C. On July 22, 2013, F entered into a contract with J Co., Ltd. (hereinafter “J”) to cover three machines, including the instant machines, and on the same day, F terminated the said lease contract with G with the money provided by J.

According to the above sirens contract, until the rental fee is paid in full, the ownership of the sirens belongs to J. D.

On the other hand, the Deceased used the Plaintiff’s position as a director for the purpose of preparing the money purchase fund, etc., and agreed that if the Plaintiff pays the purchase price to the Plaintiff by the non-party company to the Plaintiff, K and F, who are in charge of the business, enter into a lease contract with L Co., Ltd. (hereinafter referred to as “non-party company”) by taking the form of being supplied with the instant machinery from the Plaintiff.

(hereinafter “instant agreement”) e.

On July 22, 2013, Nonparty Company entered into a lease agreement for the instant machinery (financial lease) with F (hereinafter “instant lease agreement”) with the following terms, and received an order acceptance from the Plaintiff on the same day, requesting the Plaintiff to place the order, providing the instant machinery with KRW 200 million for the price.

(hereinafter referred to as “instant sales contract”). Acquisition cost (lease amount) and price of goods: The place of installation of 200 million won each: N., Nam-gu, Incheon.