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(영문) 광주지방법원 2019.04.23 2018가단507092

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Case summary

A. The Plaintiffs are subcontractors who jointly performed machinery and equipment works among new apartment construction works in Sejong Special Self-Governing City E, F and G areas. Defendant C is the field manager employed by the Plaintiffs from 2015, and Defendant D is the wife of Defendant C.

B. The Plaintiffs paid KRW 128,137,460 to Defendant C at the site expenses as follows:

(1) The sum of the amount of the Plaintiff C’s 15,014,00 11,867,09 265,265,135,132,1446,484,474,124,21,4882,1084, 1084, 1084, 86884, 1084, 1084, 1084, 205, 205, 205, 205, 204, 205, 205, 204, 205, 205, 204, 205, 2084, 305, 205, 2084, 106, 205, 2084, 695, 205, 294, 2985, 2985, 2984

C. The Plaintiffs separately paid KRW 115,445,810 as Defendant D’s passbook, the sum of KRW 56,928,480, and KRW 58,517,330, and KRW 115,445,810, respectively.

The plaintiffs filed a false report with the plaintiffs and illegally acquired the amount equivalent to the wages paid to them, and they filed a criminal charge of occupational breach of trust. However, as a result of the investigation, there is insufficient evidence to reject the defense that the defendant C received deposits from the management of the plaintiffs as a field guard in accordance with the direction related to tax issues.

E. As to this, although the Plaintiffs filed an application for adjudication with the Gwangju High Court 2018 Elementary High Court, the dismissal decision became final and conclusive around that time.

[Grounds for recognition] Gap 1-3, 11, 15, Eul 16, the purport of the whole pleadings

2. Summary of and judgment on the cause of the claim

A. The primary cause of the claim is the plaintiffs' affairs.