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(영문) 서울중앙지방법원 2019.07.24 2016가단139009

손해배상(기)

Text

1. Defendant B’s KRW 87,491,381 as well as 5% per annum from December 1, 2016 to July 24, 2019, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is a company with the objective of manufacturing and selling musical instruments, etc. (2) Defendant B sold malicious instruments and related articles with the trade name D from May 201 to December 2013, and from January 2014 to E, Defendant C is the wife of Defendant B.

D The name of the defendant C, E was registered as a business operator in the name of the defendant B.

B. Defendant B’s occupational embezzlement 1) As between March 14, 2016 and August 16, 2016, the Plaintiff is obliged to engage in musical instruments and related articles on 11 occasions to Defendant B (hereinafter “malicious, etc.”)

(2) Defendant B embezzled the total sales proceeds of KRW 85,730,366 from March 2016 to November 2016, 2016, including musical instruments and musical instruments, which were in custody upon request from the Plaintiff, and thereby, embezzled the total sales proceeds of KRW 85,730,366.

3) Around August 23, 2016, the Plaintiff received a written demand for the payment of goods and a written demand for payment from Defendant B, but Defendant B failed to comply with the terms and conditions agreed in the said written demand for payment and written demand for payment. The F (the representative director G of the Plaintiff) substantially operated the Plaintiff.

(A) Around November 2016, Defendants filed a complaint with the Defendants on suspicion of occupational embezzlement. However, Defendants B, who were charged with criminal facts, etc. as stated in paragraph (2) of the same Article and was sentenced to imprisonment with prison labor by the Daejeon District Court on December 6, 2018.

C. Defendant B’s automobile operation 1) Defendant B purchased at the discount of the Plaintiff and registered on April 11, 2016, as HGW Baz Co., Ltd (hereinafter “instant vehicle”).

(2) From April 11, 2016 to October 29, 2016, the Plaintiff operated the instant vehicle and operated sales business, such as musical instruments. (2) The Plaintiff paid the registration fee, insurance premium, tolls, and fine for negligence, which occurred with respect to the instant vehicle during the said period as indicated below (hereinafter “the foregoing table”).

The amount of the temporary list Nos. 1,407,530 is the automobile registration fees, etc. 1,407,530 1,2016.