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(영문) 전주지방법원 2014.01.29 2012가합7723
손해배상(기)
Text

1. The Defendant’s KRW 85,00,000 as well as 5% per annum from December 22, 2012 to January 29, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On April 23, 2007, the Plaintiff jointly invested in C (hereinafter “C”) and D (hereinafter “D”) and was incorporated as a rice processing complex for the purpose of purchasing rice and selling rice through a joint operation of business. The Plaintiff is an agricultural cooperative with a stake exceeding 50% in excess of C. The Defendant, on May 2, 2007, was dispatched from D to Plaintiff’s regular business and was responsible for the overall audit of the Plaintiff’s business, and was responsible for direction and supervision of EDC (hereinafter “instant storage facility”).

B. F, as a person in charge of inventory management of the instant storage facility, had a duty to frequently check the state of rice in the storage facility at any time and to properly manage it so as not to cause deterioration, as well as to neglecting this duty, thereby resulting in a change in the 748,161kg of the 201 raw material rice in the instant storage facility (hereinafter “instant deterioration accident”).

In the process, there was no fact that the defendant confirmed the storage facility of this case directly at the site or discovered that there was deterioration in raw material grain through the reported documents.

C. Around March 2012, F knew that the instant deterioration accident occurred, and reported the fact to G, the representative director of the Defendant and the Plaintiff at the time. The Defendant and G identified the cause according to the accounting method of agricultural cooperatives in the event that the inventory assets fall short of inventory as the result of inventory inspection, such as the instant deterioration accident, and then arranged it in accordance with the relevant regulations. However, in violation of the foregoing provision, F did not report the occurrence of the instant deterioration to C or the Plaintiff’s board of directors and did not report it to the agricultural cooperatives or the Plaintiff’s board of directors and sold

The selling unit price of the raw material grain in the year 201, which has not been deteriorated, shall be 1.1 per kilogramg.

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