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(영문) 서울고등법원 2020.08.18 2019나2040032
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. The Plaintiff (the first trade name was “Stock Company I,” but the trade name was changed on March 27, 2019 to the Plaintiff.

) A company is a company engaged in the business of manufacturing, selling, selling, and agent business of fresh products, textile products. J was the Plaintiff’s representative director from October 10, 2014 to March 26, 2019. 2) The Defendant, as the representative director of the first instance co-defendant B (hereinafter “B”), who conducts clothing, miscellaneous import business, wholesale and retail business, etc., operated the said company as the above company’s internal director.

3) Co-Defendant C Co-Defendant Co-Defendant Co., Ltd. (hereinafter “C”) in the first instance trial.

) A company is a company engaged in clothes, miscellaneous trade business, wholesale and retail business, etc. A co-defendant E in the first instance trial (name F before the opening of name; hereinafter referred to as “E”).

(4) The co-defendant G (hereinafter referred to as “G”) in the first instance trial operated C as a representative director, and actually operated M Co-Defendant G (hereinafter referred to as “M”) as C’s auditor.

5) Co-Defendant H of the first instance trial (hereinafter “H”)

) K Co., Ltd. (hereinafter referred to as “K”) engaging in the e-commerce-related distribution business.

A) As the representative director, H operated the said Company. Moreover, H is a L Co., Ltd. (hereinafter referred to as “L”) engaging in clothing, miscellaneous retail business, etc.

(B) The Defendant, the representative of B’s overseas master goods import business, received proposals from G and E in 2014 to the final seller selling overseas master goods, such as U, master books editing shop, etc., and accepted them through a review to the effect that the Defendant, the representative of B’s overseas master goods import business, may obtain profits if he participates in an overseas master goods business brought by parallel import method in order to supply G-related company to the final seller selling overseas master goods, such as U, master books editing shop, etc.

2) Accordingly, around October 2014, the supply structure of the supply order of M Co., Ltd. V. V B is an overseas name between each transaction party.

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