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(영문) 서울중앙지방법원 2018.12.21 2017가합580571
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in manufacturing and wholesale and retail business of textile and clothing subsidiary materials.

The defendant is the internal director of the Co., Ltd. (hereinafter referred to as “C”).

B. D around July 20, 2012, established and operated a private business entity, “E” that runs wholesale and retail business, etc. of clothing subsidiary materials, which was converted into a corporation around December 11, 2012 and established the Plaintiff.

D around October 2015, the management right for the plaintiff was transferred to F.

C. D withdrawn the funds of E or the Plaintiff, and paid a total of KRW 350 million to the Defendant from October 20, 2012 to October 8, 2015, as follows:

Serial Amount (units: 12012-10, 200-10, 205 0-10, 205 0-10, 205 0-10, 205 0-10, 205 0-10, 205 0-10, 205 0-20, 20-10, 205 0-10, 205 0-10, 30-10, 205 20-10, 40, 205 0-10, 205, 20-10, 205 0-10, 205 0-10, 204, 200-10, 205, 200-10, 2000, 2000-15, 2010-10-10

D. On June 27, 2017, the head of Sung-dong Tax Office: (a) deemed that KRW 108,806,000, and KRW 50,900,000 for year 2014, and KRW 30,000 for year 2015, were reverted to D as a bonus for D; (b) disposed of as a bonus for D; and (c) notified the Plaintiff of the change in the amount of income arising from the said disposition of income.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 5, 7, 8, 9, 11, 13, 14 through 17, 27, 28 (including each number, hereinafter the same shall apply), and the purport of the whole pleadings

2. The time limit for the tort;

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