beta
(영문) 인천지방법원 2017.06.16 2016가합3153

손해배상(기)

Text

1. As to the Plaintiff KRW 214,575,00 and KRW 51,225,00 among them, the Defendant shall pay to the Plaintiff KRW 163,350,00 from July 30, 2014.

Reasons

1. Indication of claim;

A. On June 21, 2010, the Plaintiff is a legal entity that manufactures and sells plastic parts for automobiles, and the Defendant is a person who retired on June 30, 2015 while serving as a career-based employee and exercising overall control over overseas business.

B. Since June 2010, the Plaintiff paid approximately KRW 3 billion automobile parts (hereinafter “D”) to C (hereinafter “C”) with its main office located under the Chinese upstream each year.

From around early 2015, the Defendant reported to the effect that “A” from around early 2014 to around 2015, it may no longer be supplied with the instant parts from the Plaintiff, and that “A” was agreed to pay USD 200,000 to the Plaintiff for the supply of the instant parts, E, F, and G (hereinafter “C parts purchasing department”) and the supply of the instant parts by 2019.

C. Upon receipt of the above report from the Defendant, the Plaintiff anticipated to incur enormous loss to the company when the delivery of the instant parts was suspended, and decided to pay USD 200,00 to the person in charge of purchase of parts C as reported by the Defendant.

The Defendant requested the Plaintiff to transfer USD 200,000 to the account in the name of “H” designated by the person in charge of the purchase of parts, while stating that “the transfer of money directly to the person in charge of the purchase of parts may arise.”

On July 30, 2014, the Plaintiff transferred USD 20,000,000,000 in total, to the account under the name of “H”, and on December 31, 2014, USD 150,000 in total.

E. From September 2015, the Defendant retired from the Plaintiff, around September 2015, the Plaintiff was notified from C to the effect that the Plaintiff would no longer be supplied with the instant parts, and the Plaintiff extended the delivery of the instant parts to the person in charge of the purchase of the parts by e-mail around December 2015.