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(영문) 서울동부지방법원 2018.12.20 2017가단140597

손해배상(기)

Text

1. The Defendant’s annual interest in KRW 17,00,000 to Plaintiff Company B as well as in relation thereto from May 3, 2017 to December 20, 2018.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of each entry in Gap evidence 1 to 5 (including paper numbers) and all the arguments.

Plaintiff

A supplied D Co., Ltd. with goods equivalent to KRW 10,760,200 (including value-added tax) in total on three occasions by supplying each bathing facility goods equivalent to KRW 10,760,200 (the value-added tax, including the value-added tax) equivalent to KRW 2,70,00 on November 8, 2016, KRW 7,000 on March 15, 2017, and KRW 73,000 on March 28, 2017.

(hereinafter referred to as “transaction with Plaintiff A”

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff”) supplied D Co., Ltd. amounting to KRW 1,260,00 on April 19, 2017; KRW 38,688,00 on April 22, 2017; KRW 1,58,000 on April 24, 2017; KRW 1,58,00 on April 25, 2017; KRW 2,316,00 on April 25, 2017; KRW 2,170,00 on April 26, 201; KRW 420,00 on May 20, 201; and KRW 935,00 on May 35, 2017; and supplied the total value of supply (including the value of supply of value-added goods) over the total of KRW 71,571,70 on May 27, 2017.

(hereinafter referred to as “transaction with the Plaintiff Company”

At the time of the transaction with the Plaintiff A and the Plaintiff Company, Co., Ltd. was performing the construction work at the E site located in Ansan-si and the F site located in Ansan-si, and the Plaintiff A and the Plaintiff Company supplied goods at the construction site located in the above two sites.

The defendant, as an internal director who is the representative of D, traded with the plaintiffs on behalf of the above company and the plaintiff A and the plaintiff company of this case, and the representative director G of the plaintiff company is the children of the plaintiff company G.

E. However, as of December 31, 2016, Company D had assets as of December 31, 2016 were 343,326,386, while its liabilities amounted to KRW 831,418,900, its liabilities exceeded its liabilities. However, on April 24, 2017, the Seoul Rehabilitation Court (2017Hahap10105) filed a petition for bankruptcy on June 2, 2017.