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(영문) 서울고등법원 2015.03.04 2014나2015857

손해배상

Text

1. Of the judgment of the court of first instance, the part against Defendant B, which exceeds the amount ordered to be paid below, shall be revoked.

Reasons

1. Basic facts

A. C and Defendant A’s transaction (i.e., management and sale of heavy equipment parts, etc. at the Plaintiff’s D Branch Operation Team from January 27, 2010 to August 30, 201, embezzled 715,497,750 won of the market price owned by the Plaintiff on a total of 60 occasions as shown in attached Table 1 of Crimes List 201, and sells it to Defendant A, who operated wholesale and retail business with the trade name of E.

Luxembourg at the time Sheet C, without preparing a supply contract in the name of Defendant A and the Plaintiff, supplied 40-50% discount price, and did not issue a tax invoice, and most of the price was transferred to an individual account designated by the Plaintiff rather than the Plaintiff’s corporate account.

C, since February 2011, as the amount of embezzlement increased, the Plaintiff’s employees issued tax invoices retroactively to the detection of such abnormal trading proviso, or the Plaintiff and Defendant A made the supply contract of the Plaintiff and Defendant A as of February 7, 2011.

(A) The supply contract between the Plaintiff and the other party could be supplied at the price discounted by 15%. In order to reduce the amount of the price that has not been paid to the Plaintiff by taking advantage of such a fact, this contract was drafted retrospectively). From February 2, 2011 to March 2, 2011, the Defendant was requested to inform the Plaintiff of the quantity and price that may be subtracted from the company.

x) Defendant A received tax invoices for transactions with other companies immediately, and remitted the amount to the personal account designated by C from the first transaction with C.

B. C and Defendant B’s trade (i.e., the Defendant B engaged in a construction-oriented equipment leasing business under the trade name of F, and C traded with the Plaintiff. From March 24, 2011 to June 18, 2011, the Plaintiff is a total of three times as indicated in the attached crime sight table 2.