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(영문) 대구지방법원 2013.09.05 2013가합2447
손해배상
Text

1. Defendant E Co., Ltd. and F jointly and severally with the Plaintiff KRW 200,000,000 and those related thereto from February 13, 2009 to March 27, 2013.

Reasons

1. Basic facts

A. G substantially managed the Plaintiff and three other companies (hereinafter collectively referred to as “Plaintiff, etc.”), and held the shares of the Plaintiff, etc. in its own name and in the name of relative with the Plaintiff, etc.

B. On January 1, 2009, G entered into a contract with Defendant B to comprehensively transfer all the rights and obligations regarding the Plaintiff’s business to Defendant B (hereinafter “instant contract”). Accordingly, Defendant B, etc. transferred shares of the Plaintiff et al., and Defendant B assumed office as the representative director of the Plaintiff on January 2, 2009.

C. Defendant B issued an electronic bill of KRW 165,00,00 in the Plaintiff’s name (hereinafter “first bill”) without any actual transaction on January 5, 2009, and received KRW 147,361,515 in the Plaintiff’s corporate account under the name of the Plaintiff C (representative director D) and deposited KRW 147,361,515 in the Plaintiff’s corporate account under the name of the discount of the bill. ② without any actual transaction on February 13, 2009, Defendant E issued an electronic bill of KRW 200,000 in the Plaintiff’s name (hereinafter “second bill”) and delivered it to Defendant E (hereinafter “Defendant E”); and the representative director received KRW 193,851,891 in the name of the Plaintiff’s corporate account under the pretext of the discount of the bill from Defendant E.

Then, on May 19, 2009, G had a dispute over the management right of the Plaintiff, etc. with Defendant B, including cancelling the instant contract, on the ground that Defendant B failed to perform his/her obligation under the instant contract. However, on August 9, 2010, Defendant B resigned from the Plaintiff’s representative director as the Plaintiff’s husband, and K, the husband of G, was appointed as the Plaintiff’s representative director.

[Ground of recognition] Defendant B, C, and D: The absence of dispute, Gap evidence Nos. 1 through 7 (including branch numbers; hereinafter the same shall apply), Eul's statement of evidence Nos. 1 through 3, the whole purport of pleading, defendant E, and F with significant facts in this court, the Civil Procedure Act to provide confessions by submitting a written reply.

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