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(영문) 부산지방법원 2020.09.15 2020가단305474
손해배상(기)
Text

1. The Defendants jointly pay to the Plaintiff KRW 89,843,50 and the interest rate from April 18, 2020 to the day of full payment.

Reasons

According to the overall purport of evidence Nos. 1 and 2-1 through 3 of the statements and arguments, even if the defendants worked with the head of the headquarters or computer department of the corporation D and receive investment funds from the plaintiff E, the representative director of the corporation, he/she would pay profits in excess of the investment amount even though he/she did not have the ability to pay profits by normally operating the alcar-car livelihood business, real estate sale business, F Bank takeover business, etc. according to the investment purpose, and he/she is found to have received 15,300,000 won from May 15, 2017 to November 23, 2017 from the plaintiff to receive 15,530,000 won from the plaintiff as the investment amount, and was found guilty of the difference by operating the corporation under the name of dividends (the Busan District Court Decisions 2018Da1290, Aug. 16, 2018; 300,0408No1989, Nov. 19, 2019, 2018).

Therefore, the defendants are jointly obligated to pay to the plaintiff 89,843,500 won and damages for delay calculated at the rate of 12% per annum from April 18, 2020 to the day of full payment, which is the day following the last service of payment order.

Thus, the plaintiff's claim against the defendants is justified, and this is accepted.

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