[2018 Highest 334]

1. On August 30, 2014, the Defendant: (a) received an investment from G and L and established the Victim-In-si, Namyang-si, the Defendant: (b) entered into an entrustment contract with F and the F and In-si, the representative director of the said F and In-si, which entered into a sub-lease contract with the F and In-si, and operates the H and Seo-gu, Nam-gu, Seoul; and (c) entered into a sub-lease contract with the F and the F and In-si, the Defendant is a person who is in charge of affairs, such as selling of oil and fund management, etc. of the said gas station.

On January 17, 2017, at the above H station operated by the victim company, the defendant supplied the oil to the L station operated individually in the name of the defendant's wife, and thus, prior to the credit supply, the defendant secured the credit payment by receiving a deposit or surety insurance policy from L stations, and at the time, the defendant's L station operated by the defendant has difficulties in business due to price competition due to the occurrence of other gas stations in the surrounding area. Therefore, in order to minimize the damage of H gas stations, the duty to manage the credit claims, such as recovering the credit payment from L station or suspending the supply of oil, etc., at an appropriate time, has occurred.

Nevertheless, the Defendant, in violation of his duties, supplied the oil equivalent to KRW 119,508,400 in total to L gas stations from January 17, 2017 to August 30, 2017. Only the price equivalent to KRW 44,500,000 from January 20, 2017 to July 10, 2017, the Defendant recovered the oil equivalent to KRW 83,710,023, which was operated by the victim company, and had H gas stations supply credit to the above L gas stations without receiving any payment.

Accordingly, the defendant, as the representative director of the victim company, obtained property benefits equivalent to KRW 83,710,023 from the L station operated by the defendant individually by the defendant as an act in violation of his duties, and suffered damages equivalent to the same amount in the victim company.

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