손해배상(기)
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Basic Facts
The plaintiff is a company established on September 24, 2015 for the purpose of manufacturing and selling quasi-drugs, cosmetics, etc.
Defendant B served as an employee of the Plaintiff from October 2015 to April 2018. Defendant C holds 16,300 shares equivalent to 20.12% of the Plaintiff’s issued shares.
(1) On June 11, 2019, the Plaintiff filed a complaint with the Defendants on charges of larceny, occupational breach of trust, etc. that “the Defendants conspired with the Defendants from March 2017 to April 2018, the Plaintiff stolen goods equivalent to KRW 1,665,69,00 at the market price of shampoo 3,643, etc. owned by the Plaintiff,” but the Prosecutor decided not to prosecute the Defendants for the reason that there was no suspicion due to insufficient evidence on June 26, 2019.
The plaintiff appealed against the above non-prosecution decision and appealed to the Seoul High Prosecutor's Office, but was decided to dismiss the appeal on September 26, 2019, and the plaintiff filed an application for adjudication with Seoul High Court 2019 early 4314, but the application for adjudication was dismissed on January 15, 2020.
[Based on the basis of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 8, and 9 (including each number; hereinafter the same shall apply), each of the statements, the purport of the entire pleadings, and the argument by the plaintiff as to the purport of the purport of the whole pleadings, the defendants alleged by the parties to the lawsuit were shampoo 3,163 (79,000 won per opening), 2,639 (69,000 won per opening), D1,369 (89,00 won per opening opening), 2,780 (the sale is 59,000 won per opening opening), 1,065 (the sale is 59,000 won per unit), 2,000 won (the sale is 59,000 won per unit), 201, 201, 301, 201, 2067, 201, 2067, 201, 2067, 1.
Therefore, the defendants are jointly and severally liable to compensate the plaintiff for the above KRW 1,161,824,00 and damages for delay.
Defendant B as a person in charge of inventory management of the Plaintiff.