logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.03.08 2018가단16192
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C, while operating a printing company with the trade name of “A”, concluded a provisional contract with D to transfer the printing company business (hereinafter “instant transfer agreement”) on or around November 2015, with the following content:

1. Conversion from A to A (a) ;

2. Conversion from a corporation to a corporation;

3. Proceeds from sale of a corporation shall be the value of mechanical appraisal; and

4. C Real estate A is to be leased to a third person;

5.This Agreement shall be made on the basis of good faith.

Seller: D

B. On December 21, 2015, D paid KRW 50 million to C as the down payment for business transfer, and on December 30, 2015, Plaintiff A Co., Ltd (hereinafter “Plaintiff”) established the Plaintiff Company (hereinafter “Plaintiff Company”).

C. On January 1, 2016, the Plaintiff Company entered into a lease agreement with C to lease the Plaintiff Company’s land, building, machinery, office fixtures, etc. located in the instant land and building (hereinafter “instant land and building”). On February 29, 2016, the Plaintiff Company occupied and used the instant land and building, and machinery, office fixtures, etc. located in the said building (hereinafter “instant land and building”).

The defendant, who was the executive director of C, was the wife and A, worked as the executive director of the Plaintiff Company from January 1, 2016 to January 4, 2017.

E. The instant transfer agreement between C and D was rescinded on June 23, 2017.

F. D: (a) while the Defendant kept F’s assets for the Plaintiff Company, the Defendant used KRW 20 million for personal use without depositing it in the Plaintiff Company’s passbook; (b) deposited KRW 16,354,000 for the price of delivered goods received from the viewing of light acid in the Plaintiff Company’s passbook; and (c) deposited the Defendant’s account in the Plaintiff Company’s name as the Defendant’s embezzlement and occupational embezzlement; (d) however, the Defendant was subject to a disposition of unsuspected evidence on August 16, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, 8, Eul evidence Nos. 1 and 2, and all pleadings.

arrow