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(영문) 부산고등법원 2016.01.13 2015나892
손해배상(기)
Text

1. Of the judgment of the court of first instance, the judgment against the Defendant (Counterclaim Defendant) regarding the main lawsuit is KRW 185,193,777, and the judgment against the Plaintiff (Counterclaim Defendant).

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this part of the judgment of the court of the first instance is as stated in the reasoning of the judgment of the court of the first instance, except where the pertinent part of the judgment of the court of the first instance is dismissed or added as follows. Thus, this is cited by the main text of

Each "witness" of not more than 3 pages 3 shall be regarded as a "witness of the first instance trial".

Part 3 and 4 "The result of each personal examination of the plaintiff representative director D and the defendant representative liquidator E" are as follows: "The result of each personal examination of the plaintiff representative director D and the defendant representative liquidator E in the first instance court"; "the result of part of the personal examination of the defendant representative liquidator E" in part 5 of the first instance court is as "the result of part of the personal examination of the defendant representative liquidator E".

Part 5, Chapters 12 through 6, 1, 1, 2, 2, 3, 3, 4, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5

2) As to the Defendant’s assertion, if the Defendant directly transfers or withdraws the money deposited by H from H to Ma who was a director of the Plaintiff at the time of the Plaintiff’s or withdrawal of the money and deposits into the Defendant’s account, the Defendant shall again transfer or transfer the money to the Plaintiff’s side, from May 21, 2009 to the same year.

6. The assertion to the effect that a total of KRW 57,540,064 was paid up to 26.

B. In full view of the following, Gap evidence No. 80, part of Gap evidence No. 80, part of defendant representative liquidator of the court of first instance, the result of the examination of defendant representative liquidator of the court of first instance, the order of submission of financial transaction information to Busan Bank Co., Ltd. and the whole purport of pleadings, ① M has been in charge of managing and accounting affairs of the company as the plaintiff's managing director from Dec. 2, 2007 to Oct. 2009, and as well as transactions between the plaintiff and F, it is directly in charge of collecting money from the defendant to the third customer of the plaintiff pursuant to the agreement of this case.

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