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(영문) 서울동부지방법원 2016.10.12 2015가합100325
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On December 5, 1997, the Plaintiff Company is a company established for the purpose of Emeral trading business, etc., and B works as the “Korea Area of the Plaintiff Company’s employees” from January 1, 1998 to October 25, 2013, and was in charge of managing the overall domestic affairs of the said company.

B The deceased on September 11, 2015 (hereinafter “the deceased”), and the Defendant C is the deceased’s wife, and Defendant D and E are the deceased’s children.

From the end of 2003, the Plaintiff Company: (a) supplied and traded ion exchange papers to F Co., Ltd. (hereinafter “F”); (b) on November 29, 2005, in order to secure the obligation arising from the said transactional relationship, the Deceased created the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 150 million in Seoul, Jung-gu, Seoul, a representative of F, for KRW 50 million; (c) on December 27, 2010, the instant right to collateral security was terminated, and on December 30, 2010, the instant right to collateral security was cancelled.

On August 12, 2013, the Plaintiff Company dismissed the Plaintiff on the grounds of disciplinary action against the Deceased on August 12, 2013, on the grounds that the Plaintiff Company, instead of the Deceased, appointed I as a "Genmanmanger in Korea"; on October 24, 2013, the Deceased provided F with an excessive long-term maturity for payment for a large amount of goods without any security; traded without preparing a contract; supplied goods at an excessively low price compared to other companies; and caused loss to the company.

As a result of the relevant criminal case, on April 18, 2014, on the grounds that the deceased’s cancellation of collateral security and preferential treatment against F, the Plaintiff filed a complaint with the Seoul Eastern District Prosecutors’ Office due to a violation of the Act on the Punishment, etc. of Specific Economic Leave (Misappropriation), occupational breach of trust, and occupational embezzlement. On November 28, 2014, the said prosecutor’s office filed the complaint against the deceased under the jurisdiction of the Seoul Eastern Prosecutors’ Office (2014No3656).

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