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(영문) 대구지방법원 2019.04.17 2017가합205565
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 22, 2015, the Plaintiff operated C, a publishing and printing company, and entered into a partnership agreement to jointly operate C instead of receiving a subsidy of KRW 250,000,000 from the Defendant and D, respectively, due to financial difficulties.

B. After that, the Plaintiff, the Defendant, and D concluded a partnership agreement with E on December 1, 2015 to jointly operate C, and the Plaintiff agreed to have 30% of the shares under the partnership agreement with E, respectively, and 10% of the amount of shares under the partnership agreement with the Plaintiff, the Defendant, the customer management, etc., the Defendant’s tasks such as fund management, D’s tasks such as business and material supply, E’s tasks, E’s tasks such as business and material supply, and E’s tasks.

(hereinafter referred to as the “instant partnership agreement” in combination with the partnership agreement described in the above paragraph (a).

On the other hand, around July 2016, the Plaintiff, the Defendant, and D had a deep conflict due to the decline in the transaction performance and the shortage of operating funds. From around that time to September 20, 2016, most of the employees of C retired on the grounds of unpaid wages, etc.

On July 2017, the Plaintiff, D, and E appointed the Plaintiff as the manager of C, and in order to ask the Defendant’s tort liability against C, the Plaintiff trusted the instant damages suit against the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 6 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion was as follows: (a) while taking charge of fund management in accordance with the instant trade agreement, the Defendant managed the income and expenditure related to the transaction of C with the G Bank account in F’s name (Account Number H; hereinafter “Fund Management Account”).

From November 1, 2015 to September 20, 2016, the amount that the Plaintiff remitted to the money management account by receiving transaction fees from the business partner from the business partner from November 1, 2015 to September 20, 2016 is KRW 871,843,004. The sum of the sales tax invoices for the same period of time

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