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(영문) 서울중앙지방법원 2017.08.22 2015가합552312

손해배상(기)

Text

1. The Plaintiff:

A. Defendant A’s KRW 6,102,843 as well as 5% per annum from July 18, 2017 to August 22, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of manufacturing and selling metal and non-metallic products, and Defendant A was in charge of managing the company’s external employees from December 17, 2012 to April 27, 2015.

B. Defendant B (hereinafter “Defendant B”) is a transport business entity in charge of cargo transport with the Plaintiff’s re-refilled from the wall transmission, which entered into a cargo transport contract with the Plaintiff, and Defendant C (hereinafter “Defendant C”) is a transport business entity in charge of the Plaintiff’s cargo transport service after the conclusion of the contract with the wall transmission company and the Defendant B.

C. D Co., Ltd. (hereinafter “D”) entered into an entrustment contract with the Plaintiff, and took charge of the Plaintiff’s packing affairs as a subcontractor of Hansung Pung-chi, a corporation which entered into an entrustment contract with the Plaintiff.

E is an enterprise that supplies the Plaintiff with a closure to the Plaintiff.

E. Meanwhile, in the case of F, D’s actual operator, G, and H’s actual operator, F, and H’s actual operator, the Busan District Court 2015 order 8869 (Separation), 2017 order 2451 (Consolidation), and 2015 order 889-1 (Separation), the following was sentenced to imprisonment for Defendant A for one year; F, a fine of five million won; H, a stay of execution for six months; and H, a fine of seven million won for a fine. The appeal of Defendant A and G were pending in the appellate trial; F and H were finalized as they are.

Defendant A had a duty to manage and supervise the Plaintiff’s work as an employee of the Plaintiff’s I Team so that it can pay the amount corresponding to the contents of the work performed by the subcontractor according to the contract concluded between the Plaintiff and the subcontractor.

Nevertheless, Defendant A had the subcontractor claim excessive amount of work to the Plaintiff, and when the Plaintiff pays the amount claimed excessive amount to the subcontractor, Defendant A received the difference from the subcontractor and received it individually.

1. Defendant A and F’s co-principal offenders A.