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(영문) 서울남부지방법원 2015.07.02 2013가합5535
손해배상(기)
Text

1. The Plaintiff:

A. The defendants jointly hold 257,561,936 won, defendant B's 203,484,100 won, and each of the above amounts.

Reasons

1. Facts of recognition;

A. From around 192 to 192, the Plaintiff was supplied with automobile parts from modern mothers with the trade name of “F agency” (hereinafter “F agency”) in Yangcheon-gu, Seoul. Defendant B continued to work for F agency from around 1996, and the director in charge was in charge of automobile parts sales and sales proceeds sales from around 2009.

Defendant C, from around 2002, operated the automobile maintenance business under the trade name of “G store,” and continued to operate the automobile maintenance store under the trade name of “I store (hereinafter “I store”) in Gangseo-gu Seoul Metropolitan Government H from around 2006, and was well aware of the Defendant B while continuously trading with the Plaintiff.

Defendant C established Defendant D Co., Ltd. (hereinafter referred to as “Defendant D”), a company exporting automobile parts, as the representative director of J, around January 2010, and has been actually managing its affairs as the actual business owner.

B. The general affairs, such as the purchase and sale of goods by the F agency, K, a director, took charge of the affairs of the F agency, and the Defendant B, as the director, took charge of the affairs of the collection, customer management, sales slips, export, etc.

Defendant B was authorized by the Plaintiff to conclude a contract with the customer in accordance with the consumer price determined by Hyundai Frans, which is a component manufacturer, to set a closing rate of the F agency at 25%, and was authorized to discount the transaction price within 5% in performing the fee-making business. However, if the scope of discount exceeds 5%, the Plaintiff was authorized to obtain approval.

C. The Plaintiff entered into the instant contract had sold the automobile parts supplied by Hyundai Frans to a customer at a price with an average of 25% masts in the supply price. Defendant C, while operating I points, has parts at the said price.

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