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(영문) 서울북부지방법원 2017.12.20 2017가단116507

임금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is a wholesale market corporation that entrusts or purchases agricultural products from a shipper of agricultural products and wholesale them.

Since wholesale market corporations cannot sell agricultural products outside the wholesale market, the defendant established D Co., Ltd. (the trade name of E Co., Ltd.) and sold agricultural products to retailers outside the wholesale market.

F, while engaging in the business of supplying food materials for school meal services, the F entered into a contract with the non-party company for the formal supply of agricultural products, and in fact, borrowed the purchase and operation funds from the non-party company, purchased agricultural products from other distributors with the funds, supplied them as food materials for school meal services, and traded with the non-party company in the manner of repaying the purchase and operation funds by adding the interest of 3% per month to

From October 15, 2012, the Plaintiff, who was employed by the Defendant as a business director treatment and was in exclusive charge of electronic transactions at the distribution business headquarters, introduced F to the Defendant, and accordingly, took charge of lending the Defendant’s purchase and operation fund to F.

F The act of defraudation against the non-party company of F was sentenced to three years of imprisonment and six months of imprisonment with labor in the case where the purchase operation funds borrowed from the non-party company are used not for the purchase of agricultural products but for the prompt return of 2,022,554,675 won, and the purchase operation funds was acquired by means of such criminal facts, etc. < Amended by Act No. 2017, Oct. 18, 2016>

On April 10, 2015, the Defendant, such as the removal and complaint against the Plaintiff, was dismissed by opening a personnel committee on April 10, 2015 on the ground that the Plaintiff neglected to comply with the obligation to secure collateral and to perform transactions with F and caused loss to the Defendant.

On June 25, 2015, the defendant filed a complaint with the plaintiff as F's accomplice in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), and the plaintiff on July 6, 2016.