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(영문) 서울고등법원(춘천) 2017.04.05 2016나1057
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Defendant, on August 28, 2003, assumed office as the representative director of G Co., Ltd. (hereinafter “G”) whose business purpose is clothes and other ordinary miscellaneous retail and export-import business, and operated the said company.

B. On February 5, 2008, the Plaintiff remitted USD 1 million (hereinafter “$”) to the Bank account of G in the United States (Account Number N, hereinafter “G account”), and on February 11, 2008, USD 99,954.39 was deposited into G account.

C. The Plaintiff transferred USD 32,00 on December 28, 2007 to the Plaintiff’s Bank account in the United States (K, hereinafter “Plaintiff’s account”) and USD 49,957.9 on March 27, 2008, respectively.

Plaintiff

From the account, the withdrawal was made as shown below.

On January 105, 2008, 113.47 foreign currency deposit transfer account on January 24, 2008, 310,000 overseas remittance on January 31, 2008, 40,000 overseas remittances on February 4, 2008, the Plaintiff alleged that USD 10,000 was withdrawn, but it appears to be erroneous.

Foreign currency deposit transfer 5 February 12, 200 overseas remittance 6 March 5, 2008 7 March 28, 2008 7.500,000 foreign currency deposit transfer 7 March 28, 2008 8.6 August 6, 2008 556,000 foreign currency deposit transfer 56,76754.

D. On December 24, 2008, the Plaintiff remitted USD 100,000 to G account in the United States, and on December 26, 2008, USD 99,957.42 was deposited into G account.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 12 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) As to USD 99,954.39 deposited into G account on February 11, 2008, the said money was requested to the Defendant to purchase and send the tegrative materials to be used by the company operated by the Plaintiff in the United States, and remitted them for the purchase price of materials.

B. The defendant paid 674,676 dollars out of the above money to the material supplier and sent it to the plaintiff. The plaintiff is the defendant.

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