beta
(영문) 서울중앙지방법원 2020.02.07 2015가합23937

손해배상금

Text

1. The Defendant’s KRW 627,443,40 for the Plaintiff and KRW 15% per annum from November 21, 2015 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of telecommunications construction and electrical construction, and the Defendant is the Plaintiff’s intra-company director and C corporation (hereinafter “C”).

B. On November 18, 201, the Defendant had D Co., Ltd. supply the train radio equipment system equivalent to KRW 325,000,000 to the employee in charge of the Plaintiff’s accounting.

However, in fact, in D Co., Ltd., there was no supply of train radio equipment system to the Plaintiff.

On the same day, the Defendant was issued a promissory note of KRW 357,500,00 (including value-added tax) as the price for goods to be paid to D by the Plaintiff on the same day as the employees in charge of the Plaintiff’s accounting.

C. On June 10, 2012, the Defendant said that “the Plaintiff’s representative director F is complicated to manage the labor manpower at the scene of Educing and telecommunications works, and materials, labor costs, and labor costs, etc. other than material costs, as the Plaintiff’s management of the labor manpower at the site of Educing and telecommunications works,” and that “the Plaintiff’s managing office C.”

However, the plaintiff did not need to pay the labor cost through C because G corporation, which is the contractor of the above construction, was immediately paying the labor cost in the field from April 2012.

As above, the Defendant belonged to F of the Plaintiff’s representative director from June 2012 to February 1, 2013, received total of KRW 281,503,400 from the Plaintiff as labor cost.

Around December 18, 2014, the Defendant for the installation of radio relay equipment for H A shall pay KRW 20,940,000 to the employee in charge of the Plaintiff’s accounting as “the construction of radio relay equipment for H train is a construction work executed in C.”

However, in fact, the above Corporation was subcontracted by G Co., Ltd. and sub-subcontracted to I Co., Ltd. and completed only I.