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(영문) 서울서부지방법원 2014.11.28 2013가단30878
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A’s KRW 43,221,614 as well as 5% per annum from August 21, 2013 to November 28, 2014; and

Reasons

1. The fact that there is no dispute between the parties is a company that manufactures and sells the fruit products. Defendant A, from January 21, 2009, worked at the Plaintiff’s 1 branch office, as a business employee, at the Plaintiff’s 1 branch office, as a business employee, sold the fruit products produced by the Plaintiff (hereinafter “instant products”) to the business partner, and took charge of the business of collecting the price of the goods.

On April 2013, the Plaintiff started to conduct an audit on Defendant A due to the decline in the amount of money collected by Defendant A and the revocation of driver's license.

As a result, it was found that there was a difference between [the actual amount receivable] and [the actual amount receivable] 72,036,024 won (hereinafter “short sales shortage”) by the Plaintiff’s credit management officer directly checking the status of the actual amount to the customer.

Accordingly, Defendant A, through the method of collecting blanks in each form prepared and presented by the Plaintiff on April 11, 2013, stated that “The amount of insufficient sales as of April 11, 2013 is KRW 72,036,024 (i.e., value-added tax of KRW 18,36,620 per month sales of KRW 18,36,200 per month, monthly sales of KRW 18,366,201 - Amount of KRW 4,434,842, monthly sales of KRW 20,864,205)” to the Plaintiff (i.e., evidence 1); and (ii) to file a criminal complaint against the Plaintiff by not filing a criminal complaint against his/her non-performance of payment of retirement benefits until January 21, 2014; and (iii) to file a criminal complaint against the Plaintiff as well as his/her criminal complaint against his/her non-performance of payment of retirement benefits.

In addition, this paper is prepared by his own person, and there is no objection to the establishment of the petition.

The letter of “A” (Evidence 5) and the letter of performance (Evidence 6, 200, 200, 2000, 2000, 2000, 2000, 2000,0000,0000,0000,

2. Determination as to the plaintiff's primary claim against the defendant A

A. (1) The plaintiff A is the defendant A.

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