logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.09.21 2017가합62036
동산인도 등 청구의 소
Text

1. Defendant C:

(a) KRW 62,550,547 and interest thereon shall be 15% per annum from January 25, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. On May 30, 2008, the Plaintiff and Defendant C invested KRW 80,000,000, respectively, to establish a “E” factory in Seo-gu Incheon, Seo-gu, Incheon, through which they concluded a partnership agreement to establish a “E” factory and distribute profits in half.

B. Around May 2010, the lease contract for the above factory site was terminated, and around that time, Defendant C’s operation was suspended as Defendant C was locked. Around September 201, Defendant C proposed that the Plaintiff operate E again because he was aware of the factory site and sales place. Upon accepting it, the Plaintiff accepted it and re-established E in Kimpo City F and G, and paid KRW 267,924,655 as business financing from September 201 to April 201.

C. H is the representative director of J Co., Ltd., a corporation established by Kimpo-si I as its head office for the purpose of precise machine manufacturing business, and Defendant B is between H and H.

around February 2013, Defendant C transferred each of the machinery listed in the separate sheet No. 2 (hereinafter “instant machinery”) manufactured in E to Defendant B and H (hereinafter “instant machinery”).

E. Defendant B and H establish “K” as a manufacturer of household parts, which is stamped in Kimpo-si, Kimpo-si, and completed business registration on March 25, 2013.

F. The Plaintiff filed a complaint with the Incheon District Public Prosecutor’s Office that Defendant C voluntarily consumed or embezzled Defendant C’s operating earnings and machinery while performing his/her duties for the Plaintiff. Defendant C was prosecuted for the above criminal facts with the Incheon District Court on November 28, 2016, and was sentenced to two years of suspended execution and 120 hours of community service work on October 20, 2017, and became final and conclusive around that time.

(2016 Highest 7920). Meanwhile, the Plaintiff filed a complaint with Defendant C while embezzling each machine listed in the separate sheet Nos. 1 and 2, but the Plaintiff was issued a non-prosecution disposition on November 28, 2016 with respect to the above accusation (Evidence of Evidence) without suspicion (Evidence of Evidence).

(g) Defendant B as of the date of the closing of argument in the instant case.

arrow