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(영문) 의정부지방법원 2015.10.22 2015가단3273
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 2012, the Plaintiff’s summary of the Plaintiff’s assertion entered into a partnership agreement with Defendant B to divide profits into 50:50 by investing machinery and equipment equivalent to KRW 47 million and KRW 11:00,000 by Defendant B with respect to the business of manufacturing metal structures, etc., and embezzled profits by the Defendants’ intentional omission of sales amount and by making a false excessive appropriation of purchase amount.

In other words, the Defendants made a voluntary consumption of KRW 21,70,330, by omitting the sales amount of KRW 21,703,330, which was paid by the Customer. ② The amount of KRW 7,326,00, which was paid by E on July 2, 2012, was omitted from D’s sales amount on the ground that Defendant B’s former operation was the F’s revenue. ③ The amount was omitted from G’s sales amount of KRW 11,770,00, which was paid on June 29, 2012. ④ The amount of KRW 4,329,818, which was paid from October 29, 2012 to December 21, 2012; ② the actual gas cost was KRW 90,000,000,0000,0000 and KRW 29,000,0000,000,000 from KRW 216,281,200.

As above, the Defendants are obligated to pay to the Plaintiff KRW 73,194,658 out of KRW 146,389,317, the remainder after deducting KRW 101,110,963 from actual sales amount of KRW 247,50,280, and KRW 32,940,650,000, the Defendants paid the Plaintiff only the remainder of KRW 40,254,658 (=73,194,658 - KRW 32,940,00).

In addition, the plaintiff and defendant B are "the plaintiff at the time of concluding the partnership agreement."

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