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(영문) 수원지방법원 성남지원 2018.08.08 2017가단224721
손해배상(기)
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of the parties (1) D Co., Ltd. was established on March 13, 2007 for the purpose of "business and brokerage related to the transit," and the trade name of the above company was changed in the order of E Co., Ltd., FF Co., Ltd., G Co., Ltd., H, I, and D Co., Ltd.

(B) Defendant B was appointed as the inside director of D on March 29, 2010, and the representative director on October 29, 2012, and was dismissed on May 3, 2013. Defendant C was appointed as the auditor of the foregoing company on March 29, 2010 and resigned on October 29, 2012, and the Defendants were married.

(3) On October 29, 2012, the Plaintiff was appointed as the inside director and the representative director of D on October 29, 2012 (the representative director of Defendant B was a sole representative director after Defendant B was dismissed on May 3, 2013), and on January 20, 2017, the Plaintiff was a person who resigned from the representative director of the said company and is currently the manager of the said company.

B. On January 25, 2017, D and the Plaintiff entered into a contract on the transfer of claims to the Plaintiff, including (1) D and D’s advance embezzlement to the Defendants, (2) embezzlement of funds, (3) fabrication of private documents, and (4) all claims, etc., including occupational breach of trust.

(2) On March 29, 2018, D notified the Defendants of the assignment of claims.

[Reasons for Recognition] Each entry of Gap 1, 5, 21, 26, 27, 28, 30 evidence, Eul 1 and 4 (including a serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the defendants' defense prior to the merits

A. The summary of the Defendants’ defense prior to the merits against the Defendants was identical to the cause of the instant claim, and the payment order became final and conclusive upon filing a claim for payment order with the Suwon District Court Branch Branch 2014 tea3188, on the grounds that it was identical to the cause of the instant claim. However, the Defendants filed a lawsuit of demurrer against the Defendants under Sungwon District Court Branch 2017Gahap401914, and the Defendants’ claim was accepted and confirmed in the lawsuit, and thus, the instant lawsuit raised objection.

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