손해배상(기)
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed in entirety.
2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) 36,607.
All principal lawsuit and counterclaims shall be deemed to have been filed.
1. Basic facts
A. The Plaintiff is a corporation that produces, supplies, stores, distributes, and sells agricultural, fishery, and livestock products in the petition-gu, Cheongju-si, and the Defendant trades food materials with the trade name “E” in Daejeon Seo-gu, Daejeon. Since October 201, the Plaintiff has been supplied with food materials from the Defendant.
B. From November 10, 2005 to March 22, 2015, F took charge of overall control over the purchase and distribution of food materials, such as agro-fishery products, frozen foods, and industrial products, as the Plaintiff’s employee. From November 1, 201 to April 2015, F, upon receiving food materials from the Defendant from the end of November 201 to the end of April 2015, and operated and included in the Plaintiff’s computer system with the unit cost of supply, and issued a tax invoice that is excessively appropriated for the Defendant upon the request of the Defendant. Upon issuing the tax invoice that is excessively appropriated for the Defendant, F made the Plaintiff pay the price of the goods appropriated for the Defendant, and received the difference of the price paid from the Defendant in excess of the normal price, as indicated in the “the List of Breach of Trust” in attached Form 28,175,143, and made losses equivalent to the Plaintiff’s amount (hereinafter “instant breach of trust”).
C. On July 21, 2015, the Plaintiff, who became aware of the instant breach of trust, requested the Defendant to verify the fact of fraud and embezzlement through F’s manipulation of the purchase price, etc., and received a written confirmation from the Defendant of the details of the instant breach of trust.
On the other hand, the Plaintiff received food materials from the Defendant and delayed payment of KRW 36,607,785.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings
2. Determination
A. (1) The Plaintiff’s assertion by the parties against the Defendant by asserting that it is below, and sought payment of KRW 28,175,143 as well as damages for delay.
The defendant primarily and jointly with F.I.D.