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(영문) 서울중앙지방법원 2019.06.13 2018가합545629
구상금
Text

1. Defendant B and Defendant C jointly share KRW 504,00,000 with respect to the Plaintiff and the Plaintiff from March 28, 2019 to March 2019.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is a stock company with the purpose of the bonded warehouse storage business. E is the representative director of the Plaintiff. 2) Defendant B is a de facto representative who actually controls and operates the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) with the purpose of steel wholesale retail and brokerage business. Defendant D is a nominal representative director of the Defendant Co., Ltd., who is the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

3) Nonparty F Co., Ltd. (hereinafter “F”)

) The company and the non-party company G (hereinafter “G”).

In addition, the above F and G are collectively referred to as "foreign companies"

(B) The purpose of Defendant B is to wholesale of steel products and trade business. From around December 2013 to March 2014, Defendant B worked as a managing director of Nonparty Company and performed overall affairs related to the sales, storage, and domestic business. (B) Nonparty Company imported total of 9,059,616km from China from November 2013 to February 2014.

The non-party companies entrusted most of the imported steel bars to the plaintiff, and the plaintiff stored the steel bars entrusted to the plaintiff in the bonded warehouse site in Incheon.

2) On February 5, 2014, Defendant B asked Nonparty B to “I am me about to remove the steel bars owned by Nonparty Company because of the economic difficulties at the time,” and Nonparty B accepted the request. Accordingly, Defendant B decided to sell steel bars in the name of the Defendant Company to the customer, including H, and sent a written request for shipment under the name of the Defendant Company to E. From February 5, 2014 to March 7, 2014. E transferred the total of 167,706 ggggg, and the total of 1,147,584gg, owned by the Plaintiff from February 10, 2014 to March 10, 2014, Defendant B carried them out to the designated customer name of each of the Defendant Company (hereinafter referred to as the “Defendant Company”).

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