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(영문) 부산지방법원 2017.07.13 2016나5921

손해금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff Company is a corporation that runs the sales and consignment sales business of petroleum products, and the Defendant is a person who has worked as a warden at a gas station directly operated by the Plaintiff Company from February 16, 2010 to June 4, 2014.

B. On December 13, 2013, the Defendant drafted a false certificate (Evidence A 4) to the effect that: (a) the Defendant was responsible for concealing KRW 13,258,600 against the instructions of the Plaintiff Company without reporting to the Plaintiff Company; (b) was discovered in the audit and inspection; and (c) paid the outstanding amount to the Plaintiff Company in full.

(hereinafter referred to as the “instant agreement”). [The grounds for recognition] does not dispute, entry of Gap evidence 2 through 7, testimony of witness E at the trial, the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff Company the agreed amount of KRW 13,258,600 and the damages for delay calculated at the rate of 15% per annum from September 2, 2015 to the day of complete payment, which is the day following the delivery date of the original copy of the instant payment order.

3. Judgment on the defendant's assertion

A. 1) The defendant prepared a provisional certificate without the intention to pay the outstanding amount in order to continue to work for the plaintiff company, and the agreement of this case is invalid as a non-career expression. 2) The expression of intention in the expression of intention which is not a medical doctor's intention does not refer to the expression of intention which is a true expression of intention, and it does not refer to the expression of intention that is a true expression of intention. Thus, even if the expression of intention is not bound by the genuine expression of intention, in the present situation, it cannot be deemed as the best in the present situation, and if the expression of intention was made without the intention to pay the outstanding amount in order to continue to work for the plaintiff company (see, e.g., Supreme Court Decision 2002Da11458, Apr. 25, 2003).