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1. The Plaintiff:
(a) Defendant B: (a) from March 30, 2015 to January 19, 2016, KRW 40,062,992; and
(b) the defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that aims at the business of the Switzerland and the special lecture, and the Defendant A (hereinafter “Defendant Company”) is a company that aims at the business of the Switzerland processing and manufacturing, the business of manufacturing and selling special lectures, and the Defendant B is a person who has worked as the head of the business division of the Defendant Company.
B. On March 30, 2015, Defendant B purchased from the Defendant Company C (representative B) and kept in custody of the Defendant Company, Defendant B, a customer of the Defendant Company, to ensure that the Plaintiff is responsible for the sale of the instant product and the distribution closing of 10%.
Accordingly, the Plaintiff intended to purchase the instant product, and transferred KRW 54,062,992 to the bank account in the name of the representative D of the C Company, which was known by Defendant B, on the same day.
C. On April 8, 2015, Defendant B, upon the Plaintiff’s request, prepared a transfer certificate under the name of the Defendant Company (hereinafter “instant transfer certificate”) and sent it to the Plaintiff by facsimile. However, the transfer certificate of this case contains a statement that the recipient is the Plaintiff, accepting and keeping the transaction specifications of the instant product and the inventory of the instant product in the name of the Plaintiff.
However, the Defendant Company did not sell or keep the instant product in C Company, and the Defendant B did not sell the instant product, and the Plaintiff did not receive the instant product from the Defendant Company or C Company.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 9, Eul evidence 3 and 4 (including provisional number), the purport of the whole pleadings
2. According to the facts of the above recognition of the claim against Defendant B, Defendant B, as if the Defendant Company had been in custody of the instant product owned by C&C representative D, deceiving the Plaintiff and thereby causing damage equivalent to KRW 54,062,92 in its price to the Plaintiff.