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(영문) 대전지방법원 2017.07.05 2015가합104156

손해배상(기)

Text

1. The Plaintiff:

A. Defendant A, Defendant C, Defendant D, Defendant E, Defendant F, Defendant G, Defendant H, Defendant H, and Defendant I.

Reasons

1. Basic facts

A. 1) The Plaintiff is a research institute established based on the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc., and comprehensively performs nuclear research and development. Defendant A, B, C, D, E, F, and G are researchers working for the K Research Institute, which is the Plaintiff’s branch. 2) Defendant I Co., Ltd. (hereinafter “I”) is a company that manufactures and sells echemical equipment, experimental reagents, and scientific experiment equipment. Defendant H is a director of I.

3) Defendant J engaged in wholesale and retail business, such as echemical devices and scientific devices, with the trade name “M in the regular Eup L.” B. According to the contract work guidelines, which is the Plaintiff’s internal rules, the Plaintiff’s contract work guidelines, when the researchers affiliated with the Plaintiff intend to purchase goods necessary for research, Defendant J prepared a written request for purchase in advance, and the main source of the Korea Atomic Energy Research Institute in Daejeon (hereinafter “the main source”).

) Upon submission to the department in charge of the contract, the contracting officer selected the company, purchased the goods, inspected the goods by the main examination department of the headquarters, and then delivered the said goods to the end-user, and if the researcher of the actual demand department confirms that the said goods have been received, he/she shall pay the price to the company at the main cost. The direct order or prior purchase by the actual demand department is not recognized (Article 56(Prohibition of Pre-Purchase) of the Contract Work Guidelines.

Around April 18, 2006, Defendant B prepared a false purchase request from Defendant I as if the Plaintiff actually purchased T/C and 15 items in accordance with a quotation prepared by Defendant H, and submitted it to the Plaintiff’s employees under the name in charge of the contract, and had the said employees in charge enter into a contract with N to purchase goods of KRW 8,925,840.

After June 1, 2006, Defendant A did not receive the goods in fact.