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(영문) 부산지방법원 2016.01.28 2014가합15159
손해배상(기)
Text

1. The Plaintiff:

(a) Defendant A, B, and C jointly and severally KRW 347,44,097;

B. Defendant A and D shall be jointly and severally 35,072,902 and each of them.

Reasons

1. Basic facts

A. The status of the party is a distribution company established for the purpose of the steve retail business. From April 2005 to April 3, 2013, Defendant A, while working for the Plaintiff’s E from April 3, 2005 to April 3, 2013, has a duty to prevent damage to the Plaintiff by securing a customer in need of the steves lease products, ordering the Plaintiff company to steves lease, supplying the ordered products to the customer, and collecting sales proceeds, etc., and Defendant A, who is in charge of the business of collecting sales proceeds, is obliged to faithfully select and sell the steves lease products for the Plaintiff and sell them and collecting sales proceeds.

Defendant B is a person who lends his name to Defendant A for the business registration of “F,” and Defendant C is a person who operates “G” at the same address as the above “F,” and Defendant H is a person who operates “I.”

B. On June 26, 2009, Defendant A sold in the name of “F” at the Plaintiff’s office located in Busan High-gu Busan High-gu, Busan High-gu, and sold in violation of the above duty and reselled the amount equivalent to the margin to another transaction partner, or did not pay part of the sales proceeds to the Plaintiff. As such, Defendant A was ordered to deliver the amount equivalent to the margin amount to the Plaintiff’s transaction partner designated by the “F” from the “F” to the business partner who borrowed Defendant B’s business registration and designated the Stein Lease Distribution Company F as the business partner, and ordered that the amount equivalent to 47.1k of the HHL plate 304,468 won to the Plaintiff’s 199,468 foreign currency, and received the transfer of the sales proceeds to the Plaintiff’s account in the name of “F.”

Accordingly, Defendant A’s failure to pay part of the sales margin or the discounted amount of money in violation of his duties, thereby acquiring the amount equivalent to the payable amount, and causing property damage equivalent to KRW 199,468 to the Plaintiff from that time until March 22, 2013.

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