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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
Plaintiff
The company has operated a business of providing card devices for exclusive use for purchase of alcoholic beverages to the vendor of alcoholic beverages without compensation and receiving fees for the settlement of alcoholic beverages from the vendor of alcoholic beverages. On November 2005, the defendant working as the vice president of the company of the plaintiff company on the plaintiff company and the non-party C corporation (hereinafter "C") who actually operates the defendant, applied for a mobile phone sales agency necessary for the management and settlement of the device in the name of the non-party C corporation (hereinafter "hereinafter "C"), but agreed that C shall pay all the fees paid by the plaintiff company to the plaintiff company.
Since then, 2,363,431,548 won was paid in total of various fees for mail order agencies from SK Telecom to C.
In addition, with respect to the Plaintiff’s supply of Samsung SDR Co., Ltd. (hereinafter “SDR”) and Samsung SDR (hereinafter “SDR”), upon C’s request, the Defendant was paid KRW 448,870,850 from SamsungS and E-SPS, and KRW 448,870,850 from the E-S and E-SS.’s account.
The defendant, as the vice-chairperson of the plaintiff company, has a duty to faithfully perform his duties on behalf of the plaintiff company. Thus, even though the plaintiff company pays the plaintiff company the full amount of the fees received from the above SK Telecom and the terminal fees received from SamsungS and Eknjs according to an agreement between the plaintiff company, 926,049,032 out of them are not paid to the plaintiff company. The plaintiff company only caused the non-performing loans of KRW 926,049,032, which are merely a nominal company that has no property, to which the plaintiff company cannot actually receive for the non-performing loans of KRW 926,000,032, which is non-performing loans of KRW 926,049,032, which is non-performing loans of KRW 50,000,000,032.