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(영문) 대구지방법원경주지원 2016.07.22 2015가합106

손해배상(기)

Text

1. The Defendants jointly pay to the Plaintiff KRW 150,000,000 and the interest rate thereon from June 24, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff was an employee in charge of the management of the production plant in D Co., Ltd. (hereinafter “D”), Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that manufactures and sells Magrate Co., Ltd. (hereinafter “Co.”). Defendant B is the representative director of the Defendant Co., Ltd., and Defendant B was an employee in charge of the storage and collection of Magrate Co., Ltd. while working at the Defendant Co., Ltd.’s racing business place.

B. The Plaintiff and E used a practice in which D receives the co-days from the Defendant Company at any time more than the amount necessary for actual production, and the Plaintiff entered only a part of the co-days purchased by D, excluding the surplus portion, into a manufacturing factory, and entered the whole co-days into the manufacturing factory, and E did not supply D a part of the co-days to D, and is in custody in the Defendant Company’s warehouse, and then conspired to divide the price into the part after disposing of it to the scraper.

C. The Plaintiff and E conspired as above from July 2007 to March 2013, 2013, while the Defendant Company had to deliver to D’s production plant according to the sales contract, etc. with D, sold at will to the goods company for the purpose of D, and embezzled the money equivalent to KRW 194,493,100 for the disposal of D’s property.

The plaintiff ordered the defendant company to sell part of the co-days to be supplied by D at will after ordering the amount higher than that of the co-days required by D. Since D paid the defendant company the full amount of co-days according to the order quantity, the victim due to the act of embezzlement between the plaintiff and E was not the defendant company but D.

E. However, Defendant B stolen Defendant B’s Co., Ltd. to the Plaintiff.