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(영문) 서울동부지방법원 2016.10.20 2015가단101475
손해배상(기)
Text

1. The Defendants jointly share KRW 31,200,000 with 5% per annum from May 9, 2011 to April 21, 2015.

Reasons

1. Facts of recognition;

A. Defendant C and D are married couple, and Defendant C is the actual operator of Defendant B Co., Ltd. (hereinafter “Defendant Company”), a planning real estate company, and Defendant D was in charge of employee training and customer counseling as the auditor of the Defendant Company. From February 2, 2011, Defendant C and D decided to receive the purchase price from the purchaser of the land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and sell the price by paying it to the landowner and transferring the ownership of the purchaser.

B. Defendant C and D conspired with F, on March 201, concluded that “F would transfer the ownership of the land if the Plaintiff, an employee of the Defendant Company, “I would transfer the ownership of the land if I would transfer the ownership of the land if I would transfer the ownership of the land to C, by deposit the land price of KRW 31.2 million by May 9, 201, in the Defendant Company’s office, on the following grounds: “The land is in the name of C, and the land is in the name of C, and the land price of KRW 31.2 million is deposited into the Company’s account by deposit by May 9, 201.”

However, even if the sales performance of the defendant company was low and received from the victim, the defendant used the office operating expenses, employee's wages and allowances, and it was not possible to pay the price to the landowner.

C. Defendant C and D transferred KRW 2,00,000,000 from the Plaintiff to the Agricultural Cooperative Account under the name of the Defendant Company on March 30, 201, and KRW 7,000,000 on April 21, 2011, KRW 7,000,000 on April 22, 2011, KRW 10,000 on April 28, 2011, and KRW 4,200,000 on May 9, 201, and exempted the Plaintiff from payment of KRW 3,00,000 against the Plaintiff’s opposite claim, including KRW 3,00,000,00, which the Plaintiff had not worked as the Defendant Company’s business employee, on behalf of the land price.

[Ground of recognition] Each statement of Gap evidence Nos. 1 through 14, each order to submit and reply to financial transaction information, witness G, and H's testimony, and the purport of the whole pleadings.

2. According to the above facts of recognition, Defendant C and D are inferior to the Defendant Company at the time.

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