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(영문) 대전고등법원 2015.04.20 2014나3175
횡령금반환 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Summary of the plaintiff's assertion

A. On August 2012, the Plaintiff engaged in the clothing distribution business and Defendant B, a winner of the Plaintiff, decided to open a clothing store at the E resting area (F direction) located in Busan Cheongnam-gun, Busan Cheongnam-gun. Defendant B decided to invest the facility cost, etc., and the Plaintiff decided to invest the clothing.

At the time, the Plaintiff and Defendant B agreed that the Plaintiff had the operating profit of the above store, and most of the premium received in the event of selling the store, and that the Plaintiff would have an adequate share as much as the degree of contribution.

B. Accordingly, Defendant B invested KRW 239.1 million, and the Plaintiff purchased clothing (including clothing equivalent to KRW 28.5 million in G) equivalent to KRW 396 million.5 million.

C. From October 2012, the Plaintiff operated a clothing store in the name of Defendant B from around October 2012 to around November 2012, sold 130 million won from around October 2012 to around November 2012, and KRW 25 million from around December 2012.

However, on January 2013, the Defendants, the mother and child branch, did not return the clothing owned by the Plaintiff at the time of the sale, despite the Plaintiff’s request, when they conspired to produce the employees employed by the Plaintiff at their own discretion and start a single business.

E. The Defendants sought compensation for damages on the ground that they committed tort by arbitrarily embezzling and disposing of goods equivalent to KRW 241 million owned by the Plaintiff (= KRW 396 million - KRW 155 million).

2. The judgment is based on the following: ① the Plaintiff filed a complaint against the Defendants for embezzlement of the amount equivalent to KRW 241 million; ② the Plaintiff’s specific financial data on the source of funds to purchase the Plaintiff’s clothes and the details of transactions, other than the confirmation of facts or the specifications of transactions, are not submitted; ③ the Defendant’s profits from the operation of the clothing store are not entirely distributed, even though it is not certain whether to recover the amount of money above the investment cost.

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