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(영문) 수원지방법원성남지원 2016.09.23 2014가단217296
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On December 2, 2010, the Plaintiffs’ assertion F established G Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of insurance agency business, insurance service business, etc., and around March 2, 2011, the Plaintiffs A, B, and the Defendant were affiliated with the Nonparty Company.

At the time of incorporation of the non-party company, H designated by F was the representative director, but the actual operation of the company was jointly conducted by the plaintiff A, B, the defendant and F.

Plaintiff

A and B, separate from the joint operation of the non-party company, the plaintiff A worked as the branch of the non-party company's Eunpyeong Housing Site Point, and the plaintiff B as the branch of the non-party company's office.

As H retires from the office of representative director, the defendant was appointed as a new representative director on August 29, 201 with the consent of other operators. After that, the defendant was in charge of the settlement, distribution, and payment of insurance fees deposited from the insurance company while managing the account of the non-party company.

On the other hand, on November 7, 2012, the non-party company entered the plaintiff C as the branch of the non-party company's new site store, and the plaintiff D as the designated branch of the Leecheon branch.

However, from February 2, 2011 to June 2014, the Defendant embezzled KRW 314,247,647 of the insurance commission deposited from an insurance company, without distributing and paying it to the Plaintiffs.

The non-party company has a total of 9 points, including the above ordinary housing site point, solar white point, the new housing site point, and the two thousand two points, and the defendant ultimately embezzled the insurance fees of 34,916,405 won per one branch (=314,247,647 won ¡À647 won ¡À9, and less than KRW 9,000). Thus, the defendant must compensate the plaintiffs for each of 34,916,405 won and damages for delay.

2. Determination feet, Gap evidence 3, Gap evidence 13 to 22, and Gap evidence 24 (including each number), each of them is about Samsung Fire and Marine Insurance, East Fire and Marine Insurance, K non-life liability insurance, Chinese fire insurance, modern marine insurance, and Nonghyup Bank.

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