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(영문) 서울중앙지방법원 2017.01.26 2015가합558617
손해배상(기)
Text

1. Defendant B: (a) to Plaintiff A, KRW 9,390,206,148; and (b) to Plaintiff A, Emeral Marine Insurance Co., Ltd. 13,429,337.

Reasons

1. Basic facts

A. On December 12, 2004, Plaintiff A was a foreign company for the purpose of air transport business established under the U.S. E. E.E., the purpose of which is to operate air transport business, etc. under the U.S. E. E. E. E. E. E., the Plaintiff established a Korean office against the Korean travelr in order to conduct the business of selling tickets and operating air transport-related business, etc., and completed the registration of the Korean office

Plaintiff

Escascas Fire and Marine Insurance Co., Ltd. (hereinafter “Plaintiff Esciscas”) is the United Kingdom Law, the United Kingdom Law, the Plaintiff Ccisciscas (hereinafter “Plaintiff Ccisciscas”) the Plaintiff Ccisciscas (hereinafter “Plaintiff Cciscas”) is a corporation established in accordance with the laws of the United Kingdom Law, the United Kingdom Law, the Plaintiff Ccisciscas, the Scisciscas, the Scas Scisciscas (hereinafter “Plaintiff Esciscis”) is the United Kingdom Law, and the Plaintiff Ccisciscas (hereinafter “Plaintiff Cciscas”) is a foreign corporation which carries on insurance business.

Meanwhile, from March 2005 to August 2012, Defendant B is the United States of America who served as a person in charge of accounting and financial affairs at the Plaintiff’s business office in Korea from March 2005 to August 201, and Defendant C is in the marital relationship with Defendant B.

B. around 2005, Plaintiff A opened a deposit account (Account Number: D and E; hereinafter collectively referred to as the “instant deposit account”) at the former Korea Exchange Bank, a principal bank within the Republic of Korea (hereinafter “former Korea Exchange Bank”).

C. On April 11, 2005, Plaintiff A entered into a business agreement with the former Foreign Exchange Bank relating to the transfer of funds to the instant deposit account. The main contents of the agreement are as follows: “Plaintiff A’s executive officers and employees are differentiatedly classified into three groups (Group I, II, and III) to allow Plaintiff A to withdraw funds deposited in the instant deposit account; and specifically, Plaintiff A’s right to withdraw funds is granted to Plaintiff A’s executive officers and employees; and the upper limit of the transfer of funds is KRW 16 million, Class I, II, and III.

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