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(영문) 서울동부지방법원 2018.12.20 2017가단129682
손해배상(기)
Text

1. The Defendant’s KRW 94,691,642 as well as 5% per annum from August 15, 2017 to December 20, 2018 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 10 (including paper numbers), the testimony of the witness C and the entire purport of the pleadings.

The plaintiff company is a company that engages in the business of selling hydrogen.

B. The Defendant sold products supplied by the Plaintiff Company at the place designated by the Plaintiff Company and the Plaintiff Company, and entered into a sales consignment agreement with the Plaintiff Company to receive fees in return, and was engaged in sales at the sales store leased by the Plaintiff Company until May 23, 2017.

(hereinafter referred to as the “instant sales consignment contract”) C.

Upon entering into the instant sales consignment agreement, the Plaintiff Company and the Defendant paid KRW 3,00,000 to the Plaintiff Company. Upon termination of the contract, the Plaintiff Company returned the said deposit to the Defendant after three months thereafter, and the Defendant agreed to assume the liability for the damage of the goods taken over by the Plaintiff Company due to theft, loss, fire, etc., if the goods were destroyed or lost due to the theft, fire, etc., and to assume the liability for the total amount of the shortage due to the sale price if the shortage of inventory occurs, also included in the said agreement.

In collusion with the director of C, who is a person in charge of inventory management of the Plaintiff Company, the Defendant entered the fact by the Defendant’s failure to return to the Plaintiff Company as a return to the Plaintiff Company’s inventory management computer program, the Defendant operated the Plaintiff Company’s computer in a way that C confirmed the return. As such, the amount of false computerized inputs would be sufficient on April 13, 2016, May 2, 2016, 37, 2016, 42 met on June 18, 2016, 30; 72 met on July 17, 2016; 96 met on November 1, 2016; 27, 47, 2016; 47, Dec. 25, 2016; 35, 2015, 206, 205, 205, 2017).

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