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1. The Defendants jointly share KRW 40,000,000 to the Plaintiff and Defendant C with respect thereto from September 6, 2019 to Defendant B.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the manufacture, wholesale, and service business of computers and peripheral devices. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the game development and distribution business. Defendant C is an internal director of the Defendant Company and a major shareholder.
B. On March 2016, the Plaintiff decided to purchase a portable charging machine 200 million won for the manufacture of D Company from the Defendant Company and the Defendant Company (hereinafter “instant goods”) at KRW 40 million. On March 4, 2016, the Plaintiff wired KRW 40 million to the Defendant Company’s account, including KRW 30 million on March 4, 2016, and KRW 10 million on March 15, 2016.
C. The Defendant Company did not pay a portable charging to the Plaintiff. The Defendant Company, including the Plaintiff, filed a criminal complaint against the Defendant C, and the Defendant C was sentenced to imprisonment with prison labor for six years from the Seoul Western District Court on February 8, 2017 for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and all appeals filed by the Defendant C and the Prosecutor were dismissed, and the said judgment of the first instance court became final and conclusive on September 22, 2017.
The following are applicable to the supply of goods among the facts constituting the above final judgment:
The defendant is the defendant corporation B (hereinafter referred to as "B") established for the purpose of the game development and distribution business from the end of the end of 2014 to the end of Seoul Mapo-gu E and F.
A) The largest shareholder and the president of the board of directors have exercised substantial management rights. The Defendant, from January 2015, intended to import and distribute peripheral devices, etc. from China DD company’s mobile phone devices, etc. from China, and the Defendant took overall charge of the business activities and funding affairs of B, and around that time, entered H, I, and J as a staff member of H, I, and J, who had engaged in sales, such as computer peripherals, etc. in G sales in order to secure business human resources, and had H take office as the representative director of B. 1.