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(영문) 서울중앙지방법원 2019.04.23 2018가단5174889
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is a corporation established pursuant to Article 26 of the Information and Communications Technology Industry Promotion Act, which is a quasi-governmental institution under the Ministry of Science and ICT that provides support for research on policies for the information and communications industry and the establishment of policies, the promotion and development of information and communications industry and support facilities, support projects for the establishment and growth of information and communications enterprises, etc.

3) Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”).

(B) Defendant B is a company engaged in the production of video products and software development business, and Defendant B, as the representative of the above company, overall control over the company’s business. (b) The Plaintiff’s task 1) related to “F business”, which was planned by the Plaintiff and implemented with government contributions from the Ministry of Science, ICT and Future Planning, was selected as the major institution for the instant project task (hereinafter “E”), and the instant project task was performed from April 1, 201 to December 31, 2012.

2. On February 2012, Defendant A received government contributions from Defendant B as an executing institution for the instant project task, Defendant B, who received the amount higher than the amount the Defendant A would have to receive from the actual Defendant Company to perform part of the service of the instant task, and proposed that Defendant B receive the service payment and transfer the excess amount to H account in the name of H managed by Defendant A, by pretending it to the service payment. Defendant B consented thereto.

Defendant A had G around that time ordered the Defendant Company to pay its hardware and software development services subordinate to the Defendant Company, and Defendant B received service subordinate amounting to KRW 130,000,000, which is an amount adjusted to be higher than the amount he would receive from G, and transferred KRW 88,000,000, excluding his share among them, to the account under the said H’s name.

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