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(영문) 서울서부지방법원 2014.12.11 2013가합8540
손해배상
Text

1. Defendant C, D, and E: (a) each Plaintiff Co., Ltd. for KRW 300,000,000; and (b) from May 12, 2009 to December 11, 2014.

Reasons

1. Basic facts

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

A) A company is established around August 8, 2001 for the purpose of software consulting, development, and supply business, and the Plaintiff B is the representative director of the Plaintiff Company. (2) Defendant C, D, and E were employed by each of the Plaintiff companies as listed in the following table and retired from office on March 30, 2009 on the ground of dismissal, etc. by the Plaintiff Company.

On February 1, 2008, the head of the strategic project headquarters on February 1, 2008, the head of the strategic project headquarters in general DD on August 25, 2008 - from around January 2009, the head of the customer business headquarters in charge of overseas business of the head of the strategic project headquarters in the customer business headquarters in Korea on September 29, 2008) Defendant F was employed by the Plaintiff Company as an executive director in charge of research and development as the head of the A research institute in November 13, 2006. (b) Defendant C, D, and E were dismissed on March 30, 2009. (b) Defendant C, D, and E (criminal case 1) The Plaintiff Company entered into a contract with G company in charge of domestic monopoly sales of the “H” in the UK from November 2008. However, Defendant C, etc. was in charge of the said business.

2) However, Defendant C, D, and E conspired with G on February 4, 2009 and entered into the said sales contract with G company in the name of Defendant C, not in the name of the Plaintiff Company. 3) On May 12, 2009, the Plaintiff Company filed a criminal complaint with Defendant C, D, E, F, and I on charges of occupational breach of trust, etc. with the Seoul Southern District Prosecutors’ Office. Upon filing an application for adjudication, Defendant C, D, and E among the above Defendants filed a criminal trial with the Seoul Southern Southern District Court as the Seoul Southern District Court 2010 order235, 2982 (combined).

4) The court of the first instance found Defendant C guilty of all the facts constituting the crime listed in the separate sheet against the Defendants who were prosecuted at the trial date, and sentenced Defendant C to one year of imprisonment, two years of suspended execution in August of each of the above judgment. 5) Defendant C, E, and D appealed appealed against the above judgment, and the above court of Seoul Southern District Court case 201No379, August 19, 201, was sentenced to one year of imprisonment.

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