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(영문) 서울중앙지방법원 2016.10.11 2014가합560231
손해배상(불법행위)
Text

1. All of the plaintiff's primary and conjunctive plaintiff's claims are dismissed.

2. The costs of lawsuit are ancillary to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant is a stock company D (hereinafter “D”) from 2010 to 2014.

(B) The printing circuit board (PCB): E was supplied with the printing circuit board (PCB) from the Defendant’s purchasing team, and E is the deputy head of the Defendant’s purchasing team in charge of ordering the printing circuit manufacturer to the printing circuit manufacturer. (2) D is a company with the purpose of developing and manufacturing the printing circuit board, and F is a person who actually operates D.

3) Preliminary Plaintiff is a person operating the primary Plaintiff. F from March 31, 2013, F made the appearance identical to that of a sales claim against the Defendant, such as preparing a false tax invoice, as if D had not supplied a printed circuit board to the Defendant, even though D had not supplied a printed circuit board, and used money from a person who trusted such appearance.

2) Around November 2013, F made a false statement to the effect that “D is short of business funds on the wind that is delayed in collecting the claim amounting to KRW 8 billion that should have been supplied and paid to the Defendant, and if the Defendant borrowed KRW 1 billion from the business funds within several months, if the Defendant would have to pay KRW 1 billion with the business funds, the Defendant would have paid KRW 3% per month until January 26, 2014.” The Defendant presented the false tax invoice, etc., and presented it to the effect that “F would have paid KRW 1 billion with the interest of KRW 3% per month from the date of January 26, 2014,” and received KRW 1 billion with the account in the name of D on November 26, 2013, through I, the agent of the Plaintiff (or preliminary Plaintiff) (hereinafter “instant fraud”).

3) On December 9, 2013, E borrowed and used business funds from “F” from “other persons,” and it is false that D is unable to pay the borrowed funds due to its failure to receive the funds from the Defendant.

The thesis to be solved between the Cho Man-man.

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