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(영문) 수원지방법원 2021.01.20 2020가단524695
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The representative director of C Co., Ltd. (hereinafter “C”) established for the purpose of manufacturing, selling, etc. in remote areas where the basic facts were based and managed C’s funds

D around November 2, 2010, in the name of C, it received 2 billion won as corporate operating funds from a branch office of an enterprise bank in the name of C and kept it through C in the name of C.

As above, C’s funds have been kept.

D) On November 3, 2010, the transfer of KRW 62.7 million to the E’s account, KRW 677,705,600, and KRW 7700,000 to the F’s account, respectively, on November 4, 2010, the transfer of KRW 13,376,00 to the F’s account on November 11, 2010, the transfer of KRW 13,048,00 to the H’s account under the name of the spouse on November 12, 2010, the transfer of KRW 32,340,000 to the G’s account under the name of the spouse on November 23, 2010, the transfer of KRW 312,787,200 to the F’s account under the name of the latter, which was voluntarily transferred to the E’s family member under the name of the latter, but voluntarily transferred the funds under the name of the latter.

C embezzled the total amount of 2,090,668,800 won.

D As above, on November 24, 2010, a KRW 100 million, out of KRW 312,787,200, which was transferred from F, was transferred to an account under the name of the Defendant on November 25, 2010. As above, KRW 100,000,000, which was transferred to an account under the name of the Defendant, was withdrawn in cash on nine occasions from November 29, 201 to April 12, 201.

C The Plaintiff on June 1, 201, and C entered into a contract between June 1, 201 and May 1, 2014 with the Plaintiff to manufacture and supply an exclusive product in a remote area. Around that time, C supplied the Plaintiff with an exclusive product in a remote area from June 1, 201 to February 2012.

C On February 24, 2012, on the ground that the management of the company is difficult, C notified the Plaintiff of the termination of the contract, suspended the transaction with the Plaintiff, and closed on February 28, 2012.

On January 2013, the Plaintiff suffered losses by unilaterally destroying the contract as above, C around January 2013.

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