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(영문) 인천지방법원 2018.05.18 2016가합52964
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. A. A limited liability company D (hereinafter “D”) is a company established for the purpose of creative creation, creation, and sale. Defendant C was appointed as D’s representative director on October 31, 2007, and resigned on August 7, 2014, and Defendant B was appointed as D’s representative director on the same day.

B. Upon the request of Defendant B, the Plaintiff wired KRW 501,70,000 in total to the account in the name of E, Defendant C’s son F, and D, who served as the person in charge of funding from May 29, 2010 to October 2013. From April 1, 2014 to July 13, 2015, the Plaintiff wired KRW 300,690,000 in total to the account in the name of Defendant B, E, Defendant C’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

C. On April 26, 2013, D issued each of the promissory notes (hereinafter “instant promissory notes”) at the Plaintiff’s face value of KRW 346,00,000,000, and the due date on December 20, 2013, the place of payment and the place of payment, and the place of payment, at the fixed-scale Eup/Myeon/Eup/Myeon branch of the corporate bank, and the due date was finally changed to January 31, 2014.

On June 10, 2014, the Plaintiff presented the instant promissory note at the place of payment, but the said promissory note was final and conclusive due to non-transaction on the said date.

On the other hand, on the back of the Promissory Notes of this case, the name and resident registration number of Defendant C were written in the name of Defendant C, along with the same word “procing the drawing of non-acceptance”, which was written by Defendant B.

E. In relation to the endorsement made by Defendant B in the name of Defendant C as above, the Plaintiff filed a complaint against Defendant B on the charge of forging securities and exercising forged securities.

Defendant C delegated matters concerning the operation of the Company to Defendant B at the time of the employee’s office of the D’s representative director at the investigative agency. At this time, Defendant C knew that the said promissory note was issued, and Defendant B entered the name and resident registration number in the endorsement column of the said promissory note.

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