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(영문) 광주지방법원 2018.12.21 2016가합58289
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. The plaintiff is a limited company established on February 28, 2003 for the purpose of processing and selling glass, etc., and the defendant is a director of the plaintiff, who has been engaged in the business of operating the plaintiff's funds and collecting money from the customer at the time of its establishment.

B. A bank account in connection with the Plaintiff’s financial management may include a bank account in the name of the Plaintiff (Account Number C, hereinafter referred to as “fourth account”) and an enterprise bank account in the name of the Defendant (Account Number C, hereinafter referred to as “Account 5”) and an enterprise bank account in the name of the Plaintiff’s representative director E used for a non-financial account before November 2010, and an enterprise bank account in the name of the Defendant (Account Number F, hereinafter referred to as “six account”) used for a non-financial account from November 2010 to a non-financial account (hereinafter referred to as “third account”).

In addition, there is a Hbank account (Account I; hereinafter “First Account”) and an enterprise bank account in the name of the Defendant (Account Number J and Maspbook is opened; hereinafter “Second Account”) that the Defendant used his personal account while in charge of the Plaintiff’s financial management business.

C. According to the records of the account book (Evidence A, the Plaintiff’s account book and the Plaintiff’s account book were not dealt with as repayment of provisional receipts and disbursements, but in the process of convenience, the amount that the Defendant spent on behalf of the Plaintiff was 605,31,032 won in total from March 3, 2008 to August 10, 2016, and the amount that the Defendant returned from the Plaintiff was 605,31,032 won in total from December 21, 2008 to September 3, 2016 to September 3, 2016.

According to the result of appraiser K's appraisal of accounting, the Plaintiff Company's provisional receipts.

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