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(영문) 수원지방법원안산지원 2019.07.11 2018가합10378
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The pertinent Plaintiff is a creditor of C Co., Ltd. (hereinafter referred to as “C”), and the Defendant is a wife of D, the representative director of C, and is a C’s auditor.

The Plaintiff’s claim against C has been supplied to C with TCR, SCR, etc. from March 201, and as it was not paid by C, it was issued by C and D with a promissory note No. 3 billion won per face value for the purpose of securing the cost of goods.

Even after the Plaintiff supplied goods to C, the Plaintiff suspended the supply of goods on or around August 2018.

The price of goods that the plaintiff had not received until the time is about KRW 1.7 billion.

C’s resale of goods and D’s cash withdrawal C were supplied by the Plaintiff at a unit price of KRW 7,101 per kilogram 139,486km from the Plaintiff on August 2018, and sold it to E and F, which is the delivery unit price of KRW 7,000 per kilogram or KRW 7,022 per kilogram.

In addition, around August 2018, C received 25,425 km from the Plaintiff as a unit price of KRW 7,101 per 1 km, and sold it to G, etc., which is a unit price of KRW 7,000 per 1 km.

(hereinafter referred to as “the resale of this case”). D, from January 2, 2018 to July 19, 2018, deposited KRW 1.360,000,000,000 from the Korean bank account of C, in total, from January 2, 2018 to July 2018.

(hereinafter “Withdrawal of this case”). 【The ground for recognition” did not exist; 【A, 2, 3, and 4 evidence; and Plaintiff’s assertion of the purport of the entire pleadings as to the purport of the entire pleadings, the Defendant of the Plaintiff, as the following representative director D’s breach of trust, and duty to monitor and keep embezzlement, neglected his/her duties in bad faith or gross negligence; thus, the auditor is liable to compensate for damages incurred to C as an auditor pursuant to Article 414(1) of the Commercial Act.

The plaintiff is the creditor of C, and thus, is seeking compensation for the above damage by the lawsuit of this case in subrogation of non-self-sufficient C.

D The resale of this case was conducted in such a way as to deliver the goods supplied by the Plaintiff to the Customer at a price lower than the purchase price.

C. This is in C.

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