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(영문) 수원지방법원 안산지원 2018.08.14 2017가단54626
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation engaged in gas facility construction, etc., and performs construction upon receiving an application for urban gas installation from its customers. The Plaintiff has filed an application for urban gas supply in the name of the Plaintiff and completed an inspection on the construction, and supplies urban gas to its customers.

B. On March 1, 2011, the Defendant became a member of the Plaintiff and served as the vice head of the business division, and was in charge of attracting customers.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant concluded a contract for the construction of urban gas facilities-using facilities-use contract with each person listed in the separate sheet "contractor" as stated in the separate sheet in the plaintiff's name, and received a total of KRW 170,551,900 in the amount as stated in the "date on which the defendant received the construction payment" column in the annexed sheet in the annexed sheet as stated in the defendant's name (hereinafter "the passbook in this case"), but the defendant paid a total of KRW 170,551,900 in the defendant's name (hereinafter "the passbook in this case"), as stated in the "date on which the defendant received the construction payment" column in the annexed sheet, he/she paid a total of KRW 68,987,000 in the amount to the plaintiff and sustained damages equivalent to the same amount to the plaintiff by embezzlementing the amount

Therefore, the defendant is liable to pay the plaintiff the above KRW 101,564,90 with damages and damages for delay.

B. In full view of the overall purport of the pleadings in the respective statements in Gap evidence Nos. 5 through 39, Eul evidence Nos. 10, 11, and 12 (including each number; hereinafter the same shall apply), the defendant entered into a construction contract for facilities using urban gas facilities in the amount stated in the separate sheet “contractor” in the Plaintiff’s name and the “contractor” column in the separate sheet in the separate sheet, and entered the “date on which the defendant received the construction price” in the separate sheet in the separate sheet.

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