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(영문) 서울남부지방법원 2018.10.11 2018가단235365
손해배상(기)
Text

1. The defendant shall pay to the plaintiff 54,920,998 won and its 5% per annum from October 19, 2005 to November 3, 2008 and November 4, 2008.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by which no applicable provisions of Acts apply (Articles 208 (3) 1 and 257 of the Civil Procedure Act) are applied to the Gu council members;

1. The plaintiff company is a company that manufactures and sells the fruits, and the defendant is a person who was employed on November 1, 2001 and worked at the Daejeon Branch of the plaintiff company as a business member by October 19, 2005.

2. The Defendant, as a member of the Plaintiff Company, sold a Class A, etc. to the customer and received the payment from the customer, shall immediately deposit the amount with the Plaintiff Company, despite the fact that the Defendant, as a member of the Plaintiff Company, embezzled a considerable portion of the collected amount of goods, thereby causing damage equivalent to KRW 80,070,373 to the Plaintiff Company.

3. Accordingly, the Plaintiff was finally determined in favor of KRW 80,070,373. The Plaintiff received some amount from Nonparty C (Defendant’s fidelity guarantor) but did not receive payment for KRW 54,920,998 in proportion to the remaining amount of embezzlement.

4. Therefore, from October 19, 2005 to November 3, 2008, the Plaintiff filed this lawsuit with the Defendant to seek damages for delay in the establishment of the Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the date of completion of the Commercial Act until November 3, 2008.

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