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(영문) 서울중앙지방법원 2015.11.06 2014가합596360
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 10, 2012, the Plaintiff entered into an agency contract on the exercise of “F” with the Korea Exchange Bank Co., Ltd. as a total of KRW 633,55,000 on August 24, 2012.

(2) The Defendant directly concluded the instant contract as an on-site agent, and any part of the duties under the instant contract was subcontracted to the Company Doz.

B. The Defendant primarily took charge of the planning of the program of the instant event or the interference of the event company, etc., and upon the Defendant’s request for disbursement of nominal money such as the event cost or entertainment expenses regarding the instant contract, the Plaintiff, who had been in charge of the business account and debit cards, transferred money to the Defendant’s account under the name of C, etc., the Defendant’s wife, or transferred debit cards to the Defendant.

Part of the money deposited into the account of C, etc. was appropriated for the settlement of the card price of C individual or disbursed for the Defendant’s personal living expenses such as gas costs. Meanwhile, the Defendant withdrawn cash with a debit card received from the Plaintiff or used it for the settlement of entertainment taverns, etc., and returned it to the Plaintiff.

(Debit cards are subject to “the known function,” and usage details were sent to the Plaintiff’s cell phone message at each time of settlement. The Plaintiff’s deposit from February 2, 2012 to June 2013 with C, etc. or the Defendant’s total amount of debit cards used by the Plaintiff’s bank from February 2, 2012 to June 2013 reaches KRW 267 million.

C. Before May 2013, Neither Company nor Company may bring a lawsuit against the Plaintiff and the Defendant seeking payment of the subcontract price amount of KRW 154,620,000 and its delay damages.

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