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(영문) 광주지방법원 2018.11.16 2016가합50643
손해배상(기)
Text

1. Defendant C: (a) KRW 390,350,000 and the Plaintiff’s annual rate from July 6, 201 to February 12, 2016; and (b) February 13, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is a legal entity established for the purpose of the manufacture of seaweeds and the family construction business, and the Defendant C was the representative director of the Plaintiff from January 5, 2010 to June 30, 201. 2) D was a licensed customs broker operating the “H Customs Office,” and died on May 27, 2016, which was after the instant lawsuit was filed, and succeeded to the shares of Defendant E and his children, Defendant F and G, who are the spouse of D, in 3/7, 2/7, 2/7, 2/7, respectively.

B. The Plaintiff’s U.S. income under the name of the Plaintiff and Defendant B’s U.S. transfer1) International Limited Corporation located in China (hereinafter “I”).

(2) On July 2, 2011, through a freight forwarder, the name of the consignee is the Plaintiff and the name of the consignee is 211t in salt farm 211t (hereinafter “instant U.S.”).

(2) Around July 4, 2011, Defendant B and C sent each of the above documents to a licensed customs broker D with a seal affixed to each original of the customs documents, such as a bill of lading, commercial invoice, packing note, invoice, invoice, etc. on the station of the instant case, and each of the above documents is forged, and around July 5, 201, each of the above documents was delivered each forged document to a licensed customs broker D with a seal affixed to the Plaintiff’s name.

3) On July 5, 201, D, who was delegated with the import declaration agency by the Plaintiff, to the Kunsan Customs, attached a copy of the bill of lading, commercial invoice, packing statement, invoice, etc. which are necessary for customs clearance at the time of filing the import declaration of the instant US dollars to the Kunsan Customs office. The above copy is the rubber, and the Plaintiff’s seal impression was affixed to the next copy. However, the above seal imprint was somewhat different from the Plaintiff’s corporate seal impression, but the public official in charge of the Kunsan Customs accepted the above import declaration as to the instant US dollars on the same day. On the same day, Defendant B had the cargo manager on the same day.

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