(영문) 광주고등법원 2015.10.16 2014나511 (1)

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(영문) 광주고등법원 2015.10.16 2014나511 (1)

손해배상(기)

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1. The Plaintiff’s appeal against the Defendants and the Plaintiff’s damages claim against the Defendants added in the trial.

Reasons

1. The plaintiff is within the scope of the trial of the political party. ① The defendant C violated the plaintiff's internal provisions or the duty under employment contract and violated the plaintiff's internal provisions.

A. As described in paragraphs (1), (2), (3), and (4) of this Article, the Plaintiff suffered damages to the Plaintiff by embezzlement of KRW 86,00,00,00 for rice sales proceeds, which were being kept in custody from the head of Sifenna Co., Ltd. on October 2010 to November 29, 201, and by failing to take over part of 4,569,941,880, as a result of concluding a contract for rice acceptance of KRW 4,569,941,80 with the Busan Agricultural Cooperative on December 29, 2010, the Plaintiff paid KRW 50,000,00 for the Plaintiff’s failure to perform the obligation to manage and supervise the obligation of the Plaintiff as a good manager and the Plaintiff’s failure to perform the obligation to manage and supervise the obligation of the Plaintiff as a good manager and the Plaintiff’s failure to perform the duty to manage and supervise the obligation of the Plaintiff.

A. As described in paragraphs (1) and (2), asserting that the Plaintiff suffered damages, the Defendant B filed a claim against the Plaintiff for payment of KRW 1,200,000,000, which is part of the damages due to nonperformance or tort.

Accordingly, the court of first instance cited only a part of the claim for damages caused by embezzlement of the sales proceeds of the headfenenenen-related rice companies of Defendant C, while all of the claim against Defendant C and the remainder of the claim against Defendant C were dismissed. Accordingly, the Plaintiff appealed only the remainder of the claim for damages caused by embezzlement of Defendant C and the claim against Defendant B, and subsequently excluded the amount as part of the claim by specifying the amount as part of the claim through a written application for change of the cause of the claim as of July 14, 2015 and a written brief of July 16, 2015 (Adjustment of the cause of the claim) and a written application for change of the cause of the claim as of July 16, 2015.

Therefore, the scope of the trial of the party shall be against Defendant C.

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