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(영문) 서울고등법원 2016.04.08 2015나2047424

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

Defendant A, among the Plaintiff, 139,506,98 won and 46,502.

Reasons

1. The reasoning for the court's explanation on this part of the facts is as follows: "Nos. 11, 12, and 17 Eul" in the 3th, 3, and 4th and 4th of the judgment of the court of first instance shall be "No. 11, 12, and 17 evidence"; "No. 4, 8, and 9 of the judgment of the court of first instance shall be pronounced"; "The above case is currently in the appellate court (Tgu District Court 2014No2377)" in the judgment of the court of first instance (Tgu District Court 2014No2377), "The appellate court (Tgu District Court 2014No2377) has been sentenced to the judgment of the court of first instance, and the appellate court (Tgu District Court 2014No2377) has reversed the judgment of the court of first instance and sentenced not guilty," and "No. 151,916,509" in the fourth table shall be cited as it as it as stated in paragraph 1.

2. Determination as to the claim against Defendant A

A. The plaintiff asserts that the plaintiff is obligated to pay 232,51,664 won in advance to the plaintiff due to the non-performance of the obligation due to dumping sale or the tort damages, or that the embezzlement amount of the defendant A recognized by the reasoning of the judgment of the court of first instance is KRW 94,204,896, among KRW 232,51,664, KRW 94,204,896, out of the outstanding amount of KRW 232,51,664, KRW 238,306,768, the remaining amount of KRW 138,306,768, as compensation for damages due to the non-performance of the obligation due to dumping sale or tort

B. 1) Determination on the cause of claim for damages arising from the sale of dumping (A) determination on the cause of claim by a business employee of the company should be made by comprehensively taking into account the business policy and business status of the company in question, the relationship between the company and its employees, the regulations and institutional intent of the company in order to conduct its business activities. The business employee of the company must comply with the discount rate set by the company when selling its products.