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(영문) 서울동부지방법원 2018.12.06 2017가합101353
물품대금
Text

1. Defendant B Co., Ltd.: (a) KRW 467,858,104 for the Plaintiff and the period from April 1, 2017 to December 6, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures, sells, or exports raw materials, etc., and the Defendant company is a company that manufactures, sells, or exports textile materials.

Defendant D is a representative director and an inside director of Defendant Company, and Defendant C and E are inside directors of Defendant Company.

B. The deceased G (hereinafter “the deceased”) who was the representative director of the Defendant Company died on September 27, 2016, and the deceased’s wife D and his children E and F succeeded to the deceased.

【Ground for Recognition: Unsatisfy, Gap evidence 2, Eul evidence 1(including a branch number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Comprehensively taking account of the overall purport of the arguments in the Plaintiff’s claim against the Defendant Company, the Plaintiff supplied the Plaintiff Company with the original sum of USD 405,84.99 (467,858,104 if calculated at the exchange rate of February 13, 2017, 201) from January 4, 2016 to May 8, 2016, although the Plaintiff supplied the Defendant Company with the original sum of USD 405,84.99 ( KRW 467,858,104 if calculated at the exchange rate of February 13, 2017, which was the time when the instant lawsuit was filed), the Plaintiff did not receive the goods from the Defendant Company.

Therefore, from April 1, 2017, the day following the last delivery date of the copy of the complaint in this case, Defendant Company is obligated to pay to the Plaintiff 467,858,104 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from April 1, 2017 to December 6, 2018, which is the date of the imposition of a reasonable judgment, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. Determination on the premise: Whether the Deceased has embezzled the funds of the Defendant Company

A. The gist of the Plaintiff’s assertion: (a) the Deceased instructed Defendant C to withdraw the Defendant Company’s funds in cash and embezzlement; (b) the Defendant C withdrawn USD 162,00 (186,753,600 based on the exchange rate as of February 13, 2017) out of the Defendant Company’s funds and embezzled them in cash.

In addition, the deceased shall be from January 5, 2007 to July 12, 201.

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