물품대금
1. The plaintiff's main claim is dismissed.
2. The Defendant: (a) KRW 38,222,80 on the Plaintiff and each of the Plaintiff as well as KRW 38,222,80 on the part of the Plaintiff.
1. Facts of recognition;
A. B entered the Defendant’s system business team vice head around September 29, 2014 and worked in the Defendant Company until June 25, 2015 to recognize the Defendant’s embezzlement or fraud of B’s goods.
B. B requested the Plaintiff to supply 10 computers of amounting to KRW 10,640,000 and 1 outer hard disks around April 1, 2015; KRW 24,000,000; KRW 16; around April 3, 2015; and KRW 15,000,000, KRW 10; and the Plaintiff accepted the request.
C. B, on April 3, 2015, via the Defendant’s e-mail account, sent to the Plaintiff a letter of order stating that the Plaintiff will supply 23 E-North computers and one outer hard disc to 38,104,000 won (including value-added tax), and around April 22, 2015, the letter of order stating that 10 E-North computers will be supplied to 16,50,000 won (including value-added tax).
B paid the price of the above goods in cash on April 28, 2015 and May 22, 2015, respectively.
On April 1, 2015, the Plaintiff sent to B seven set of Nowon-do computers and one hard disc as a door-to-door, and received B from the Defendant’s office on April 2, 2015.
On April 3, 2015, at the Plaintiff’s office, the Plaintiff supplied the entire goods specified in the respective order form to C, by delivering 10 Nowon-do computers on April 6, 2015, 10 Nowon-do computers on April 6, 2015, and 10 Nowon-do computers on April 22, 2015.
[Ground of Recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 4, Gap evidence 5, Gap evidence 7, Gap evidence 8, Eul evidence 1-5, Eul evidence 1-7, whole purport of oral argument
2. Judgment on the main claim
A. The Plaintiff asserted by the parties, as the Plaintiff supplied goods worth KRW 54,604,00 in total pursuant to the goods supply contract concluded on April 3, 2015 with the Defendant and the goods supply contract concluded on April 22, 2015 (hereinafter collectively referred to as “instant goods supply contract”), the Defendant is obligated to pay the said goods to the Plaintiff.