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(영문) 서울고등법원 2019.10.02 2019나2018448
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The grounds for admitting the judgment of the court of first instance, which the plaintiff appealed and asserted in the court of first instance, are changed to the preliminary assertion of embezzlement in the court of first instance, and the addition of the claim of breach of trust with the primary argument in the court of first instance, in the substance of such assertion, is not significantly different from the allegations in the court of first instance. The judgment of the court of first instance, which dismissed all the plaintiff's claims against the defendants, is justified even if the evidence and the result of pleading submitted in the

Therefore, this court's reasoning, including the allegations and evidence of the parties added in the trial, shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the judgment of the first instance, except for the further determination by supplementing the reasoning of the judgment of the first instance as stated in the following

2. Additional determination

A. As to the primary argument regarding breach of trust, the Plaintiff: (a) despite the fact that Defendant B was able to receive a lower price of the lower price of the HP disc, camera, etc. required for the Plaintiff Company; (b) paid the additional amount by means of appropriating the unit price to the Plaintiff’s customer, including F, G, E, and Defendant D (hereinafter collectively referred to as “Defendant D, etc.”) to obtain one’s own profits; (c) thereby causing damage to the Plaintiff; and (d) thereby acquiring the same amount of financial benefits; and (e) the Defendant C, the representative director of F and G, etc., who is the Plaintiff’s employee, was actively involved in the Defendant B’s breach of trust on the ground that the act of excessive appropriation of the price of the goods received by the Defendant B’s above constitutes a tort of trust against the Plaintiff, such act constitutes a joint tort under Article 760 of the Civil Act on the ground that the act of the Defendant B and C constituted a tort under Article 760 of the Civil Act.

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