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(영문) 창원지방법원통영지원 2015.02.05 2014가합648

손해배상(기)

Text

1. The Defendant shall pay the Plaintiff KRW 500,000,000 and the interest rate of KRW 20% per annum from August 21, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiff's business of safrying safry and the defendant's status 1) The plaintiff from October 2002 to another fisheries cooperative (hereinafter "fisheries").

(2) On December 9, 1996, the Defendant: (a) designated the intermediate wholesalers as designated intermediary wholesalers for the purchase of the Plaintiff; (b) purchased the destroyed goods from them; and (c) carried out the dried storage business, which supplied them to the nationwide major discount stores, meal service providers, etc.; and (c) joined the Plaintiff’s C fishing village fraternity, a telegraphic carrier; and (d) on November 9, 2001, the said fishing village fraternity became the Plaintiff on November 9, 2001, the said fishing village fraternity was in charge of the dried storage business from the distribution sales division.

B. The Defendant, around January 2009, committed the crime of breach of trust with the following intent to block the Defendant from committing the crime of breach of trust. Although the Plaintiff did not purchase the destroyed goods from the designated intermediary, the Plaintiff appears to have purchased the destroyed goods from the designated intermediary, with the Plaintiff’s internal approval regarding the sales contract and the payment of the purchase price, and the Plaintiff’s payment to the designated intermediary. The Defendant demanded that the designated intermediary wholesaler pay the purchase price from the virtual intermediary. The Defendant again requested that “The sales price received for the Plaintiff’s business needs, which re-transfer to the account designated by the Defendant.” If the designated intermediary transfers the virtual sales price to the account designated by the Defendant (the Defendant’s borrowed account), the Defendant arbitrarily uses the said money.

In preparation for the plaintiff's own inventory inspection and the audit by NFFC, the "D" operator E who entrusts the plaintiff with the custody of the destroyed goods shall be issued a false inventory certificate by requesting that the "D" operator E shall issue a false inventory certificate of a quantity different from the actual storage quantity of the destroyed goods in accordance with the plaintiff's business needs and the quantity on the account books as required by him."

The above inventory certificate is submitted to the plaintiff to the plaintiff and the defendant's warehouse is actually stored.