손해배상(기)
1. The plaintiff's action against the defendant A shall be dismissed.
2. The plaintiff's claim against the defendant B is dismissed.
3...
1. Basic facts
A. The Plaintiff is a company that manufactures and sells ice and ice, etc., and Defendant A joined the Plaintiff Company on November 16, 2009 and served as a business employee in charge of sales and collection affairs at the remaining vice governor, C business office, and D business office of the Plaintiff Company until September 24, 2014.
B. Defendant B submitted to the Plaintiff Company a letter of fidelity Guarantee under Defendant B’s name (hereinafter “instant letter of fidelity Guarantee”) that “When Defendant A caused damage to the Plaintiff Company by intention or negligence for the next two years, Defendant B shall be jointly and severally liable for all civil damages with Defendant A.”
C. On December 23, 2013, E, a bond manager of the Plaintiff Company, conducted a due diligence on the sales and inventory of the Plaintiff Company’s C business office in charge of Defendant A, and found that there was a shortage of KRW 75,467,261 as a result of the due diligence, and the Defendant A, on December 26, 2013, prepared and delivered a written statement of repayment to the Plaintiff Company that the Plaintiff incurred losses by embezzlement, etc. of the price of the goods and that the amount equivalent to the said shortage was repaid in installments, and paid KRW 7,467,261 on May 31, 2014.
On July 14, 2014, 79,095,226 won (i.e., the difference between the credit sales on the account book and the actual sales - KRW 1,501,591 - the difference between the inventory 1,501,591 - 3,004,726 won (hereinafter “instant damages”) was found to have been found to have occurred on July 16, 201, Defendant A also confirmed that the aforementioned shortage occurred on July 16, 2014.
E. On June 1, 2015, Defendant A entered the Plaintiff’s damage claim, etc. in the list of creditors and filed an application for bankruptcy and immunity. On December 21, 2015, the Incheon District Court Decision 2015Hadan2800 and 2015Ma2804 decided on December 21, 2015, and the said declaration of bankruptcy and exemption from immunity became final and conclusive on January 5, 2016.
[Grounds for recognition] Gap 1 to 6, and Gap 1.