logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2016.09.07 2015가단12422
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

가. 원고 주식회사 A, 주식회사 B, C(이하, ‘원고 회사들’이라 한다)는 토목건축공사업의 시행 등을 목적으로 설립된 회사이고, 원고 D은 위 원고 회사들의 대표이사이다.

B. The Defendant guaranteed the sale of the housing construction project executed by the Plaintiff Company, and repaid the money to prospective occupants, who are secured creditors, in subrogation of the Plaintiff Company.

[Ground for recognition] Unsatisfy

2. In relation to the withdrawal of the purchase price managed jointly by the plaintiffs and the defendant, the defendant did not prevent the plaintiff's employees from embezzlement by combining with employees of the plaintiff company despite the submission of a falsified monetary check with a forged employee seal affixed thereon, or by simply simply embling the forged employee or by issuing a withdrawal money check with gross negligence.

Therefore, the defendant is liable to compensate the plaintiffs for damages caused by this.

3. It is insufficient to recognize that the act of embezzlement on the sale price was committed only with the descriptions of evidence Nos. 1 and 2, or that the defendant embezzled the sale price in collusion with the employees of the plaintiff company, or that the defendant violated the duty of care in relation to the embezzlement, and there is no other evidence to acknowledge it, and therefore, the plaintiffs' assertion cannot be accepted.

4. The plaintiffs' claim for conclusion is without merit, and all of them are dismissed.

arrow