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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From August 2006, the parties C have been working as the head of the business team team in charge of the purchase, sale, etc. of goods at the Plaintiff Company, which is a distributor of electronic equipment, such as computers and communication equipment, located in Yongsan-gu Seoul Metropolitan Government, and the Defendant is a director with the power of representation of F Co., Ltd., Ltd. (hereinafter “F”), which is the head of the business team in charge of the purchase, sale, etc. of goods at the Plaintiff Company.
B. Around November 2009, the Plaintiff Company entered into a contract for the supply of goods, such as web hickers and radio Internet telephoneers, with F and the same company as the exclusive supplier (hereinafter “instant goods supply contract”), and C had them take charge of its duties.
However, since November 2009, F supplied the Plaintiff company with the web hard sharing machine, and received the price, but it could not timely supply the goods up to approximately KRW 800 million to the Plaintiff company until July 201.
On the other hand, the plaintiff company prohibits business employees from paying advance payment to the customer, except for the customer who provides large enterprises or physical security.
In order to prevent damage to the Plaintiff Company due to failure to recover advance payments paid to F or to receive goods equivalent to advance payments, only the amount of goods equivalent to the goods actually supplied by F shall be paid, and other advance payments shall not be paid to F, under the same circumstances.
Nevertheless, C proposes to arbitrarily support the advance payment and transfer the price for goods that is more than the goods actually supplied to the Defendant. Although the Defendant knows that even if it received advance payment from the Plaintiff Company, it could not supply the corresponding goods to the Plaintiff Company, C will raise the company’s operating fund.