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1. As to KRW 72,186,00 and KRW 60,328,50 among them, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) C on February 7, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff operates the wholesale and retail business of fishery products under the trade name of “D”. Defendant B, from January 1, 2013, engaged in the wholesale and retail business of frozen fishery products with the trade name “E”. From April 1, 2017, Defendant C, the father of Defendant B, is conducting the said business with the trade name “F” under the name of “F”.
B. From June 2015, the Plaintiff continued to trade with Defendant B and fishery products (hereinafter “instant trade”) from July 2017.
E and F, in fact, as the same company, have been managed by the Plaintiff as the same company while doing the instant transaction.
C. Nonparty G, who was an employee of the Plaintiff, received orders from the Defendants and received orders from the Defendants, and all of the supply and receipt amount.
1) On October 10, 2017, G submitted to an investigative agency a self-denunciation statement to the effect that “In the course of supplying the outstanding amount to a business employee of the Plaintiff’s company and managing the outstanding amount, the company’s outstanding amount was deposited with the money collected from the other business partner, and was engaged in occupational embezzlement as to the price of goods, and in the case of some business partners, the company attempted to supply the goods later and embezzled by receiving the advance payment.” (ii) On October 23, 2017, G and “G are liable to compensate the Plaintiff KRW 112,529,000,000 to the Plaintiff.” The Plaintiff written a warning agreement to borrow the aforementioned damages (around 112,529,000, the repayment date and time of repayment: KRW 14,370,869, Oct. 14, 2017; and (c) each of the above agreements embezzled from 10,017 to 30,015.
In the above attached Form, E and F operated by the Defendants are not indicated.
3) After formulating the aforementioned agreement, the investigation into G was completed on November 22, 2017. E. (E) The Plaintiff is performing the instant transaction with the Defendants, respectively.