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(영문) 서울서부지방법원 2020.11.19 2018가합41986
손해배상 청구 의 소
Text

The Defendants jointly share 136,290,452 won to Plaintiff A corporation, and 438,874,989 won to Plaintiff B corporation and each of the above.

Reasons

1. Basic facts

A. The parties’ relationship 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

) The company is a company engaged in the manufacturing and wholesale and retail business of steel coin, and Plaintiff B (hereinafter “Plaintiff B”) is a company

Defendant C Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is a company that engages in sales and wholesale and retail business of non-ferrous metals.

(2) Defendant D operated the Defendant Company as the representative director of the Defendant Company. On October 12, 2016, E Co., Ltd. (hereinafter “E”) (hereinafter “E”) established as of October 12, 2016 has also been practically operating.

3) Around February 2012, F entered Plaintiff B, and from January 2016, the head of the business division of the above company was in charge of the management affairs such as the release of products, and Plaintiff A’s related company was also in charge of the management affairs such as the release of products. (B) F was charged with the crime of occupational breach of trust against the Plaintiffs (U.S. District Court Sungnam Branch Branch 2018Da1003), and F was charged with the crime of occupational breach of trust against the Plaintiffs (U.S. District Court Sungnam Branch 2018Da1003), and the said court rendered a judgment that “the Defendant is punished by imprisonment with prison labor for one year and six months” was convicted of F on September 18, 2018.

Around January 2016, the Defendant of the Defendant Company A received a proposal from the representative director or the related parties (including Defendant D and the business division G of the Defendant Company) of the victimized Company to lower the sales unit price of the steel products to be supplied by the victimized Company’s trading company, which was found guilty in the above criminal case. As the Defendant received a proposal to reduce the sales unit price of the said products, the details of the individual steel products released instead of lowering the sales unit price of the said product, or the method of adjusting weight, by reducing the sales unit price of the steel products to be paid by the trading company to the victimized Company, with the amount calculated according to the sales unit price as required by the trading company.

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