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(영문) 서울중앙지방법원 2018.07.26 2016가합562651
손해배상(기)
Text

1. Defendant D:

A. From March 12, 2016 to July 12, 2018, Plaintiff (Counterclaim Defendant) Co., Ltd.: (a) KRW 80,000,000 and its amount.

Reasons

1. “E, the representative of the plaintiffs’ basic facts, is the father of Nonparty F, Defendant D, the representative director of Defendant C, is Nonparty F’s children, and F was the former representative director before E serves as the representative of the plaintiffs.

[Ground for recognition] Unsatisfy

2. Determination as to the plaintiffs' claims against the defendant D and the plaintiff's claims against the defendant C

A. 1) The Defendants’ primary claims embezzled the funds of the Plaintiffs by using the funds of the Plaintiffs without permission in the following manner. The Defendants are obligated to compensate the Plaintiffs for damages for tort. Accordingly, Defendant D shall pay to the Plaintiffs KRW 717,328,380, KRW 417,139,430, KRW 417, and KRW 21,36,550, and delay damages for the said money to the Plaintiff A. ① Defendant D withdrawn cash from the Plaintiffs’ account as shown in attached Table 1 to the F’s account and deposited it into the F’s account, or paid it to its customers. After then, the Defendants’ account or funds collected from the Plaintiffs immediately before the date of payment of the bill was deposited into F’s account, but deposited into the Plaintiff’s account to KRW 30,00, KRW 46,50, and KRW 250, KRW 3650, KRW 20, KRW 40, and KRW 30,000, KRW 250, KRW 2614, etc.

④ Defendant D transferred money from the Plaintiffs’ account to F or 3’s account, and transferred money from the said account to the Defendants’ account or consumed cash directly.

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