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1. Defendant C’s KRW 225,942,70 as well as 5% per annum from June 12, 2015 to April 26, 2016 to the Plaintiff.
Reasons
1. Determination as to the claim against the defendant B
A. The facts of recognition (1) The Plaintiff Company is a legal entity established on May 25, 2009 for the purpose of the manufacture and sale of the Jindo and the Jindo, and Defendant B is the representative of E located in Minsan City, and Defendant C is the same student of the Plaintiff’s representative director, and the Plaintiff Company is the sales employee of the Plaintiff Company.
(2) G Co., Ltd., which was operated by F, the representative director of the Plaintiff Company, was a company that manufactures and sells Jinjin Handbs and dustproof straws, etc. as in the Plaintiff Company. On May 10, 2002, the Plaintiff Company concluded a sales agency contract with Defendant B on May 10, 200 and supplied the said products from around that time to May 25, 2009. The Plaintiff Company followed the said G Co., Ltd. and supplied goods under the same conditions as that of G Co., Ltd. from that time to May 2012.
(3) From February 14, 2007 to October 1, 2014, the Defendants traded part of the goods of G Co., Ltd and Plaintiff Company without issuing a tax invoice. The goods subject to the transaction are KRW 475,740,89 at the market price, and Defendant B paid KRW 305,942,700 at the price.
(4) The Plaintiff Company filed a complaint against Defendant B on the charge of habitual stolen acquisition on the ground that Defendant C knowingly participated in embezzlement of the goods of G Co., Ltd and the Plaintiff Company and purchased the said goods, but the investigation agency rendered a final decision that there was no other evidence except the Defendant C’s statement.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4, 10, Eul evidence Nos. 1 and 2 (including various numbers), the purport of the whole pleadings
B. The Plaintiff’s assertion Defendants committed a joint tort committed in collusion with the Plaintiff’s goods theft and division of sales proceeds. Defendant B excluded the amount paid to Defendant C out of total damages of KRW 434,719,99 from KRW 279,562,70.