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(영문) 수원지방법원 평택지원 2017.04.27 2015가합1736
손해배상
Text

1. The Defendants shall jointly:

A. Plaintiff A limited partnership company: 11,322,860 won and its related amount from September 10, 2015 to April 10, 2017.

Reasons

1. Basic facts

A. Status of the parties 1) Plaintiff A Limited Partnership Company (hereinafter “Plaintiff A”).

A) The purpose of the project is aggregate supply, soil supply, etc., and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) and Plaintiff A and Plaintiff B collectively “Plaintiff Co., Ltd.”

(2) The plaintiff C is a representative member of the plaintiff's general partner, and in fact, F, her husband, operates the plaintiff A and B.

3) Defendant D is F and Plaintiff C’s A’s son, and Defendant D’s spouse is the Plaintiff’s limited partner, Defendant D is the Plaintiff’s inside director, and Defendant E is the Defendant’s auditor. (b) Defendant D worked for the Plaintiff from January 16, 2003 to August 16, 2006, and worked for the Plaintiff during the period from August 16, 2006 to September 15, 2009, and from September 16, 2009 to March 19, 2012 to March 4, 2015, Plaintiff D worked for the Plaintiff’s former duties.

2) Defendant E served as the chief of accounting department from January 2, 2008 to December 30, 201, and from February 13, 2012 to May 1, 2015, and was in charge of the Plaintiff’s accounting affairs. 3) Defendant E, who is the actual manager of the Plaintiff Company, had Defendant D, while being in charge of the Plaintiff Company’s actual affairs, had the Defendants perform the Plaintiff Company’s overall affairs, and Defendant E had Defendant E take charge of accounting affairs.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 4-1, 2, Gap evidence 13, Gap evidence 17-1, 2, Eul evidence 5, witness G's testimony and the purport of whole pleadings

2. Summary of the parties’ assertion

A. The Defendants, in collusion, committed the following acts: (a) from March 30, 201 to January 9, 2015, the Defendants: (b) arbitrarily collect money from the Plaintiff’s corporate account; (c) or (d) arbitrarily use the corporate card for personal purposes; and (d) KRW 24,425,754.

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