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(영문) 의정부지방법원 2014.11.18 2013가단49954
횡령금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Defendant, around June 15, 201, is operating a main factory in Namyang-si, Namyang-si.

It proposed that the Plaintiff invested the initial investment in the Plaintiff, and the Defendant made a preparation for all of the projects, thereby making a defect in the manufacture of plastic goods.

Therefore, without entering into an agreement on the distribution of profits and the payment of benefits, the Plaintiff entered into a delegation agreement with the Defendant on the preparation of plastic goods manufacture business (hereinafter “instant delegation agreement”).

On July 12, 2011, the Plaintiff established D Co., Ltd. (hereinafter “Nonindicted Company”) as a corporation that implements the above business as the Defendant’s proposal.

B. On June 16, 2011, the Plaintiff’s investment in the Plaintiff’s business purchases from E the “private period of time” of KRW 19.3 million, and from F on the same day the “private period of time of time” of KRW 20.3 million. Since then, on August 6, 2011, the Defendant: (a) on a deposit basis of KRW 15 million; (b) on a monthly rent of KRW 15 million; and (c) on a deposit basis, KRW 20 million in the name of a factory to be newly leased to the Defendant on the first-come-served basis; and (d) on a deposit basis of KRW 20 million in the name of a factory, KRW 20 million in the cost of producing gold; and (e) on other business expenses, the Defendant paid KRW 10 million in any other business expenses.

C. Although the Defendant violated the Defendant’s duty of care, the Defendant paid only expenses without having worked for three months after commencing the business, and did not perform the obligation to report to the Plaintiff, and embezzled the returned deposit and the sales proceeds for the withdrawal period without returning.

The delegation contract between the Plaintiff and the Defendant is terminated on October 26, 201 as the Plaintiff resigned from the office of representative director of D Co., Ltd., and the contract is terminated on or around October 26, 201. Accordingly, the Defendant is obligated to return the remainder at the time of termination of the delegation contract to the Plaintiff at KRW 70,30,000,000, which was received from the

The amount to be returned.

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