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(영문) 대전지방법원 2014.05.15 2013가합4825
부당이득금 등
Text

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

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

Reasons

Basic facts are corporations with the purpose of manufacturing LED lighting and wholesale and retail business.

F, the representative director of the Plaintiff, also operated G (the head office and sub-branch) for the purpose of manufacturing, wholesale and retail business of lighting fixtures, and operated H (hereinafter referred to as “Plaintiff, etc.”) in personal name together with the Plaintiff, G and H (hereinafter referred to as “Plaintiff, etc.”).

Defendant B received goods such as lighting fixtures from October 2008 to the Plaintiff as a corporation for the purpose of electrical construction business.

Defendant C, with the trade name of “I,” engaged in the wholesale and retail business of electric wires and electric equipment, and supplied the Plaintiff with electric equipment, electric wires, etc. from around 208.

Defendant D served as the head of the Plaintiff’s official duties from October 9, 2003 to September 9, 201, and performed supervisory duties on the Plaintiff’s accounting and agency operation.

Defendant E served as the director of the Plaintiff’s accounting division from October 9, 2006 to September 9, 201, and performed accounting and accounting affairs.

【In the absence of dispute, the Plaintiff’s assertion of the overall purport of the arguments and arguments by the Plaintiff, etc., Defendant B supplied lighting fixtures, etc. from the Plaintiff, etc., and Defendant J embezzled the Plaintiff, etc.’s funds by manipulating the Plaintiff’s account books with false sales and purchase account books. Accordingly, Defendant B embezzled 65,00,000 won on October 23, 2008 and November 12, 2008, and Defendant C unjust enrichment from August 21, 2008 to December 26, 2011.

Therefore, the Plaintiff, who comprehensively acquired assets and liabilities from K and F (H), Defendant B and J, jointly and severally equivalent to the embezzlement amount of 104,05,871 = Defendant B’s embezzlement amount of KRW 65,00,000.

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