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(영문) 서울중앙지방법원 2018.05.02 2017가합522094

손해배상(기)

Text

1. The Defendant’s KRW 102,044,186 out of KRW 571,680,683 and the said money to the Plaintiff, from December 31, 2011, and from December 81, 89,628.

Reasons

1. Basic facts

A. The status of the parties is a company whose purpose is the sales business and the processing business of the branch. The Defendant is the Plaintiff’s employee from January 201 to December 2016, as the customer support team leader. C was a person who runs the wholesale business of the branch from January 201 to December 2016, and C traded goods with the Plaintiff from January 2010.

B. The Plaintiff, upon receiving an order from a trader by telephone, deposited the information on the order of goods with the person in charge of the transaction in the electronic computer system, sold the goods at the end of each month by the customer support team to issue a tax invoice if the business team leader approves the discount rate for sales. As the Plaintiff’s customer support team leader, the Defendant was authorized to enter information on the order of goods into the electronic computer system and approve sales. (ii) From January 2010 to May 201, C continued the transaction through the Defendant from around January 201 to May 201.

In the process, the Defendant supplied C with the Plaintiff’s goods at a discount compared to the normal price, received the price of the goods from the Defendant’s personal account under the name of the Defendant, and then omitted the Plaintiff’s sales to C by manipulating the Plaintiff’s computer system and omitting the fact of delivery of the goods.

3) The Defendant received a remittance of KRW 849,622,775 in total from May 201 to April 2016 from C to the account in the name of the Defendant’s personal name. However, the Defendant wired KRW 277,942,092 out of the said money to C and returned it to C, and C paid KRW 277,942,092, which was remitted from the Defendant to C as the price for goods. As above, the specific details of the money paid by the Defendant from C to the account in the name of an individual, or returned to C are as indicated below. The details of the money returned to the Defendant’s account (original) each year.