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(영문) 서울중앙지방법원 2015.11.27 2015가단51508
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the representative director of C Co., Ltd. (hereinafter “C”).

The defendant shall be the representative director of D (hereinafter referred to as D).

B. C and D entered into a project partnership agreement with the development of smartphone display (hereinafter the instant order”) on July 23, 2014.

D received 10 million won out of 25 million won as down payment from C on the day of the contract.

Meanwhile, from August 5, 2014 to September 24, 2014, the sum of KRW 14,380,000 was remitted from the corporate account to the Korean C C C’s Korean C’s Bank account (F) in the name of E.

C. Around March 17, 2015, the Plaintiff filed a complaint with the intent of deceiving the Defendant without intent or ability to develop the development fund.

[Grounds for recognition] The items of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the assertion asserts that the Plaintiff was paid KRW 24.7 million by the Defendant, either by deceiving or threateninging the Plaintiff.

In regard to this, the defendant asserts that C and D are parties to the contract of the solution development of this case, and D were offered to C after completing the solution development.

B. The above recognition and the evidence submitted by the plaintiff alone are insufficient to recognize that the defendant had obtained monetary benefits by deceiving or harming the plaintiff in relation to the development of the solar, and no other evidence exists.

(A) According to the above facts, the plaintiff's claim of this case is dismissed as there is no reason for the plaintiff's claim of this case. It is so decided as per Disposition by the assent of all participating Justices, since the plaintiff is the representative director of C and legal personality different from C, even if C suffered losses.

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