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(영문) 부산고등법원(창원) 2015.10.15 2015나895
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The relationship between the parties is the mother of the defendant B, and the defendant B and the defendant D are married with each other, and the plaintiff is the third degree of relationship between the defendant C and the other parts of the defendant B.

B. Defendant B, from around 1998 to December 31, 2003, operated the manufacturer of automobile parts with the trade name of H from around 1998 to December 31, 2003. After the closure of the above H, Defendant B loaned the name of E, E, the mother, from January 2004 to April 2005, operated the manufacturer of automobile parts with the trade name of J.

C. E, including registration of business with respect to E, is an enterprise that has registered its business under the name of the Plaintiff on May 1, 2005 and engages in automobile parts manufacturing business in Changwon Lane.

Defendant B’s remittance to Defendant C and D remitted each of the total sum of KRW 289,082,00 from the Plaintiff’s corporate bank account and the Korean bank account in the name of Defendant C to the Defendant’s name account, and the specific remittance details are as follows.

The sum of the remittance period of the remittance period of the remittance account (M) account under the Plaintiff’s name of the Plaintiff C bank account (M) from January 31, 2008 to October 14, 2013, 201, the Plaintiff under the Plaintiff’s name of 35,842,00, 289,082,00 the Plaintiff’s account (N) from May 1, 2012 to December 123, 2013 from May 123, 2013 to December 123, 2013 to Defendant D bank account (M) under the Plaintiff’s name of 3/90,000,000 on March 31, 208 to July 21, 201; and

E. On September 1, 2014, the Plaintiff filed a report on the suspension of business regarding E with the competent tax office on September 1, 2014, and on September 4, 2014, Defendant B sent to Defendant B a certificate of content that “The password and seal of the existing passbook used was changed by discovering the situation where some of the funds were leaked out of the bank, as a result of confirming the details of the passbook of our bank, and then arbitrarily produced or used the seal of the E representative.”

As a result, Defendant B’s answer to this, on September 29, 2014, is Defendant B.

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