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(영문) 서울고등법원 2018.10.05 2017나1136
사취금
Text

1. Of Defendant B and C in the judgment of the court of first instance, the part against the Plaintiff, which orders payment under the following subparagraphs.

Reasons

Basic Facts

Defendant B and C operated an online shopping mall called F from November 201, when operating the Plaintiff’s business, the Plaintiff: (a) sold cultural products rights, merchandise coupons, etc. at discount (hereinafter “instant business”); and (b) established and operated the instant business by establishing I Co., Ltd. around February 2012.

On June 2012, the Plaintiff acquired the instant business by acquiring I Co., Ltd., and Defendant B and C worked as an employee of the said company.

Defendant B and C’s management of F, and Defendant B and C sold merchandise coupons at a discount amount than that of their purchased merchandise coupons, were accumulated, and they failed to supply merchandise coupons to the customers of the previous merchandise coupons.

Accordingly, Defendant B and C were willing to purchase gift certificates to be sent to the existing customers by deceiving the Plaintiff on the ground of a virtual gift certificate supply company and receiving the purchase price of gift certificates.

Defendant B and C received gift certificates from the Plaintiff on August 2012, that they were supplied by the “G limited liability company” and “H” (hereinafter “each of the instant companies”) and recommended that they continued to be supplied with gift certificates from each of the instant virtual companies.

Accordingly, the Plaintiff transferred KRW 32,861,236, in total, 33 times from August 10, 2012 to January 4, 2013, to the account entered in the written request for settlement of accounts under the name of each virtual company of this case, which was voluntarily prepared by Defendant B and C (the fact is either a bank account under the name of Defendant E or a new bank account under the name of Defendant D personal name; Defendant B and C entered these accounts in the written request for settlement as if they were G limited company or H bank account).

(hereinafter, Defendant B and C’s above fraud committed against the Plaintiff (hereinafter “instant fraud”). Complaints against the Defendants and complaints by the Plaintiff.

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