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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff’s assertion is a person who works as an officer in charge of the budget in charge of the planning office of the Office of Education from January 1, 2011 to December 31, 2013, and A also has performed the duty of compiling and executing the budget of the Office of Education.
Defendant C and Defendant D were in a pro-friendly relationship with Defendant B, and through Defendant B, supplied Nonparty E’s robot products for education to schools in various levels in the Do at a price higher than the general consumer price, and conspired to receive the prescribed price from the said corporation E.
On October 2012, Defendant D proposed that “the price of the above robot products shall be KRW 23 million per unit” to the person in charge of the above corporation E as “the price of KRW 17 million per 40 million per unit”, and Defendant C formed a budget of KRW 40 million per unit at the Office of Education at around that time, and requested each school to purchase the above robot products at each level, and Defendant B instructed each school to apply for the budget of KRW 40 million per unit for the purchase of the robot products without undergoing a review on the propriety and feasibility of the budget compilation around December 2012.
Ultimately, from December 28, 2012 to April 4, 2014, the Defendants: (a) ordered 40 schools in the A Do to purchase the pertinent robot product at a supply price (total of KRW 1.57 billion) higher than the arm’s length price (total of KRW 660 million) through the Plaintiff’s budget on 40 occasions, such as the table of damages in attached sheet; and (b) caused E to obtain pecuniary benefits of KRW 915.8 million (total of KRW 1.58 billion), which is the difference (i.e., the foregoing KRW 1.58 billion) from December 28, 2012 to April 4, 2014; and (c) caused damage to the Plaintiff.
Therefore, the Defendants, a joint tortfeasor, are jointly and severally liable to pay to the Plaintiff the amount of damages KRW 915.8 million and damages for delay from April 4, 2014, which is the date of the final illegal act.
B. Determination Nos. 1, 3, and 5 are obtained.