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(영문) 서울중앙지방법원 2018.04.18 2017가합508982
손해배상(기)
Text

1. The Defendants jointly share KRW 28,219,461,72 with the Plaintiff as well as the year from March 6, 2015 to April 18, 2018.

Reasons

1. Facts of recognition;

A. The status of the parties 1) Defendant B is a local corporation of Kazakhstan (hereinafter “E”).

(2) From January 201 to October 22, 2015, Defendant C joined the Plaintiff Company on behalf of the Plaintiff in exporting heavy equipment, such as Kazaktan, on behalf of the Plaintiff, and on behalf of the Plaintiff, entered the Plaintiff Company on January 1, 1995 and entered the Plaintiff Company on December 2014; and from January 2015 to October 22, 2015, the head of the machinery infrastructure headquarters; and from January 2015 to October 22, 2015, the head of the machinery and infrastructure team team in charge of trade of foreign heavy equipment while working as the head of the Plaintiff Company’s Kaktan branch.

3) Defendant D entered the Plaintiff Company from January 2004 to April 2015, and entered into a truck sales agreement with the Plaintiff’s members of the said machinery team from April 2015 to October 22, 2015, and with the Plaintiff’s vice head, in charge of trade of equipment in foreign countries while working as the Plaintiff. B. The Plaintiff’s domestic truck export process 1) Defendant B, a Chinese supplier, secured a truck stock from the SHAMN, a Chinese supplier, the Plaintiff entered into a truck purchase agreement with the F or G, a corporation established in Hong Kong, with the contents of purchasing the said truck, while selling the truck to the Defendant B, such as the car carriage, introduced by Defendant B again, and as above, the Plaintiff paid the purchase price of the truck to the Defendant B.

2) 카자흐스탄 등 해외 바이어들은 물품대금을 현지통화인 텡게화로 지급하기를 원하였으므로 피고 B이 원고 대신 카자흐스탄 등 해외 바이어로부터 ‘E' 계좌로 판매대금을 수령한 다음 이를 달러로 환전하여 홍콩 법인인 F 또는 G 계좌로 송금하고 F 또는 G를 통해 원고에게 판매대금을 지급하였다. 다. 피고들의 편취범행 1) 피고...

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