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(영문) 서울서부지방법원 2016.10.13 2015가합35362
손해배상(기)
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 37,092,830, and Defendant A with respect thereto from October 24, 2014, and Defendant B.

Reasons

1. The facts below the underlying facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 4, and 15 (including the branch numbers, if any; hereinafter the same shall apply), together with the whole purport of the pleadings, for each testimony of C and D.

(1) The Plaintiff is a legal entity established for the purpose of manufacturing and selling Class A, and Defendant A served in the neglect of duties in the Plaintiff’s corporation merged with the Plaintiff from May 1, 2010 to May 26, 2014 (before January 1, 2013), respectively.

) E business offices of this case (hereinafter referred to as “instant business establishment”).

(2) The Plaintiff’s production, etc. (hereinafter “instant goods”) while working as a business employee at the same time

(2) On January 1, 2013, Defendant A entered into a contract for fidelity guarantee with the content that, as a member of Defendant A’s branch, Defendant B is holding office for a period of two years and incurred damage to the Plaintiff due to any cause attributable to the Plaintiff in the course of performing his/her duties (including any existing damage liability and other liability arising from the transaction relationship), and that, as a member of the business that sells B to his/her customer and collects the payment, Defendant B bears all civil liability.

B. The Plaintiff’s business operation method 1) Plaintiff’s business employees release the instant goods from the Plaintiff’s warehouse in the following manner and sell them to each of the individual customers. ① The number, etc. of the goods that the business employees intend to remove from the Plaintiff’s warehouse is entered, reported to the general affairs of the relevant place of business, ② The confirmation of the total quantity, etc. of the goods at the place of business after the confirmation of the quantity, etc. of the goods at the place of business. ③ The sales employees take out the goods to the extent that the goods are shipped out from the Plaintiff’s warehouse and loaded the goods on the Plaintiff’s vehicle (vehicle inventory ④ sold the goods loaded to the individual customer.

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