The Defendants produced and sold co-rating agents by using the Plaintiff’s mixing expenses, etc. that were taken out of the act of breach of trust as above. As a result, from December 2015 to February 2017, the Plaintiff suffered damages equivalent to KRW 186,279,185 in total due to the decrease in sales to “G” as the Plaintiff’s business partner.

Therefore, the Defendants jointly have the obligation to pay the Plaintiff the above KRW 186,279,185 as damages for the tort as above and the damages for delay.

2. Determination

A. Comprehensively taking account of the overall purport of the pleadings as to the evidence evidence Nos. 1 through 17, and evidence Nos. 1 through 3, the Defendants were convicted of the crime of occupational breach of trust (hereinafter “instant breach of trust”) as stated in the separate criminal facts in the Daegu District Court 2019No447, Jul. 23, 2019. The judgment becomes final and conclusive on Oct. 18, 2019, and the Defendant Company produced products identical to that produced by the Plaintiff using the instant composite expenses, etc., and sold them to G, a business partner of the Plaintiff from December 2015 to February 2017.

According to the above facts, Defendant B, C, D, and E conspired to commit the instant breach of trust. The Defendants produced products such as the co-rating agents produced by the Plaintiff using the instant mixing expenses, etc. that were taken out as the instant breach of trust and sold them to “G” which is the Plaintiff’s customer (hereinafter “instant tort”), and Defendant B, C, D, and E as internal directors.