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(영문) 서울서부지방법원 2017.07.13 2016가합34205
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a Japanese company running telecommunications business and solar power generation business. Defendant B is a person who had worked as the Plaintiff’s representative director from January 1, 2010 to September 25, 2014.

Defendant C worked as the Plaintiff’s employee from May 2012 to November 6, 2014, and the position was the chief executive officer.

B. On December 10, 2013, the Plaintiff Company D (hereinafter “D”) on December 10, 2013.

(2) On April 2014, E, a parent company of the Plaintiff, entered into a business partnership agreement with D to entrust D with the installation of solar power generation facilities and to pay remuneration accordingly. (2) On the ground that F and G were investigated into charges of fraud, illegal loans, etc. within Japan within the first day of April 2014, E, a parent company of D, Defendant B, and the F and G, an officer or employee of D, ordered D to suspend all transactions between the Plaintiff and D.

Accordingly, Defendant B agreed to terminate the partnership relationship with D on May 19, 2014.

The Plaintiff described as the “written claim as of May 10, 201” in each of the items described as the “written claim as of May 23, 2014” (attached Form 1) 1, and described as the “written claim as of June 12, 2014” (attached Table 1) and described as the “written claim as of June 12, 2014” (hereinafter “H”) 3,726,000 from May 10, 2014 to July 31, 2014, each of the items described as the “written claim as of July 31, 2014” (hereinafter “WH”).

(C) throughout the period of three times in total, each claim(hereinafter referred to as “written claim”) with the same content as that set forth in Annex H’s respective claims(hereinafter referred to as “written claim”).

Defendant C received and paid H 57,726,000 UN in total in Japanese currency as indicated below. [Grounds for recognition] Defendant B: (a) the absence of dispute; (b) each entry of Gap evidence Nos. 1 through 5, 7, 9, 11, and 13 (including each serial number); and (c) the purport of the whole pleadings; (d) the purport of the entire pleadings: by service by publication (Article 208(3)3 of the Civil Procedure Act).

2. Summary of the plaintiff's assertion

A. The Defendants are the defendants.

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