손해배상(기) 등
1. The Plaintiff:
A. Defendant C’s KRW 181,189,901 as well as 5% per annum from June 14, 2013 to January 8, 2015.
1. Facts of recognition;
A. The Plaintiff is a company that runs the livestock products sales business.
On July 12, 2010, Defendant C was employed as the Plaintiff’s meat sales team manager, and began to work at the Plaintiff’s L points around that time.
As the father of Defendant C, Defendant E provided a fidelity guarantee to the Plaintiff on July 12, 2010 and July 11, 2012 for a fixed period of two years.
In addition, each of the above contracts for the guarantee of identity (hereinafter referred to as "contract for the guarantee of identity of this case") included the purport that Defendant E would compensate the Plaintiff jointly and severally with Defendant C for the damage if Defendant C inflicted damage on the Plaintiff.
B. From November 201 to January 2012, Defendant C sold the Plaintiff’s employees with a total sum of KRW 231,383,500 (a wood batteries) to B.
However, Defendant C did not enter the details of the sale of pigs to B in the Plaintiff’s trade account book.
In addition, Defendant C did not enter the Plaintiff’s inventory in the Plaintiff’s account book the aforementioned details of the delivery of swine machine.
On May 1, 2012, Defendant C promoted to the Plaintiff’s L Branch, and even after promotion, Defendant C did not take measures to properly record the omitted sales details and release details in the Plaintiff’s transaction account book and inventory account book.
(c) thereafter, B was placed in a state where it is not capable of paying the price for the said swine purchased from the Plaintiff.
In June 2013, the Plaintiff came to know that the Plaintiff had a claim for sales proceeds of KRW 231,383,500 against B, only after examining the inventory held by L branch.
In addition, the plaintiff has not received the above sales price from B until now.
On the other hand, Defendant C sold meat at a discount below the unit price designated by the Plaintiff while serving as the Plaintiff’s employee.
And such discounts.