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Reasons
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(영문) 서울고등법원 2016.01.15 2015나2034862
손해배상(기)
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Fact that there is no dispute over the facts of recognition [based for recognition], the purport of the whole pleadings described in Gap evidence 1 through 9, Eul evidence 1, 2, 8, 9, 12 (including each branch number);

A. A. Around July 2005, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) operated by the Defendant and C on behalf of the Plaintiff on behalf of D Co., Ltd., and D Co., Ltd. (hereinafter “D”), where the Plaintiff, its employees, and interested persons caused damage to C or customers by intention or negligence, the Plaintiff is liable to the Plaintiff. In order to prevent this in advance, the Plaintiff is obligated to submit a credit guarantee agreement of the seller (employee) to C (Article 10 of the contract).

B. On July 20, 2005, the Plaintiff purchased C Shares 2000 (10%) and paid 50 million won to the Defendant with the purchase price, and paid 150 million won to J on August 8, 2005.

In addition, on May 10, 2006, the Plaintiff paid 130 million won to the Defendant with the purchase price of 5% (1000 shares) of K’s C shares, and the Plaintiff and K drafted a share transfer contract on May 26, 2006 with respect to 100 shares C shares.

C. The Plaintiff paid to the Defendant KRW 230 million (hereinafter “the instant money”) in total of KRW 30 million on February 26, 2007, KRW 30 million on February 28, 2007, KRW 100 million on March 2, 2007, and KRW 230 million on March 2, 2007.

On July 11, 2007, the Plaintiff entrusted G with the sales agency business of D distribution facilities, received KRW 20 million as business deposit, and on July 25, 2007, entrusted H with the sales agency business, and received KRW 20 million as business deposit.

E. Around December 3, 2007, the Plaintiff purchased C’s 1,000 shares (5%) from I and paid 100 million won to I. The Plaintiff and I drafted a share transfer agreement with respect to 1,00 shares on March 18, 2008.

Meanwhile, on January 28, 2015, I prepared a written confirmation to the Defendant that “I received KRW 200 million from the Defendant during the period from October 2007 to February 2, 2008.”

(f) D. D.

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