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(영문) 서울중앙지방법원 2017.08.18 2016가합542091
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. The plaintiff's claims against the defendant B and C are all filed.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company engaged in shipbuilding machinery and manufacturing industry machinery and machinery, and is an E-group affiliate. In the case of Defendant B Co., Ltd. (hereinafter referred to as “Co., Ltd.”), the Plaintiff omitted the indication of “Co., Ltd.” by stating

(2) Defendant B owned 100% of the shares, and Defendant C was appointed as Defendant B’s representative director on March 2, 2009, and retired on March 31, 2012.

3) Defendant D is a business entity that engages in pipeline production, etc., with the trade name of “F”. Meanwhile, the Plaintiff and Defendant B’s present representative director, the Plaintiff and Defendant B, have overall control over the overall management of affiliates as the president of the E Group.

B. Defendant B, on June 19, 2010, was in custody in H and warehouse (hereinafter “instant materials”) and the pipeline materials used in the sale and purchase, transfer of part of the purchase price claim, etc.

(2) A contract to sell KRW 700 million (excluding value-added tax) (hereinafter referred to as “instant sales contract”).

(2) On June 23, 2010, Defendant B received KRW 450 million out of the purchase price from H, and concluded a contract with the remainder of KRW 250 million, namely, a claim equivalent to KRW 250,000,00,00 in the separate sheet (hereinafter “instant claim”) in lieu of paying the pipe manufacturing cost debt against Defendant D, and notified the fact of transfer to H.

At the time, Defendant B was in excess of the obligation.

3) Meanwhile, Defendant D, who was urged by H to repay the material purchase-price obligation, notified that the instant claim would be offset against the material purchase-price claim against Defendant D by its automatic claim immediately after the transfer of the instant claim. C) The Plaintiff’s representative director G conspireds with Defendant C and H representative director I to dispose of the instant materials owned by the Plaintiff without permission, and filed a complaint against Defendant C and I as embezzlement.

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