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(영문) 전주지방법원 2021.02.03 2019가합2895

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts of recognition may be found in the absence of dispute between the parties, or may be found in the testimony of the witness C by taking into account the respective descriptions of Gap evidence Nos. 1, 2, 3, and 4, Eul evidence No. 12 (including numbers, hereinafter the same shall apply), and the whole purport of the pleadings:

① During the period of service as the Plaintiff’s director, the Defendant took overall charge of the receipt and delivery of the F Supply Contracts ordered by D Co., Ltd. (hereinafter “E”).

② In 209, the Defendant received a proposal from Nonparty I to assist in participating in the supply procedure of J power plants 3, 4, and supply procedure of the H religious organization ordered by Nonparty I, who is a member of the same H religious organization as the Defendant, as a member of the G organization.

③ On July 17, 2009, the Defendant received expertise and bid information on F from I, and had the Plaintiff participate in the tendering procedure. On July 17, 2009, the Plaintiff entered into a supply contract on E and J power plant 3, 4 Hoho F.

④ In order to continue to assist in knowledge, information, etc. possessed by F and related experts through I’s connection, the Defendant visited I’s office located in Daejeon to pay approximately KRW 200 million to I.

⑤ The Defendant requested Nonparty K Co., Ltd. (hereinafter “K”) to estimate the cost of supply for J power plants 3 and 4 units, and the representative L of K set the F supply subcontract price of J power plants 3 and 4 units as KRW 1157 million (including value added tax) and submitted a written estimate to the Defendant.

6) The Defendant negotiated the above subcontract price with L, set the final supply price at KRW 922,2750,000 (including value added tax), and demanded L to the effect that L “in order to raise money to be paid to I, the difference between the negotiation price and the actual supply price shall be cashed through the transaction of K’s false tax invoice.”

(7) L is the defendant.