1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The plaintiff is a company with the objective of steel wholesale and retail business, and the defendant is a company with the purpose of manufacturing machinery, etc.

Plaintiff

(1) From April 2016 to February 7, 2017, C worked as the Vice Minister of Trade, Industry and Energy, and upon receiving a small amount of steel cutting operations from the ordering entity or urgent order, C directly takes charge of the work of ordering steel materials, etc. However, around August 31, 2016, C supplied 32,013,355 won (including value-added tax) from Co., Ltd (hereinafter “Co.”), even though it was not the owner of steel cutting operations, and then arbitrarily disposed of the steel materials of this case.

3) On September 12, 2016, upon receiving a demand from the Plaintiff to present the basis for the supply of the steel materials of this case, C is willing to forge a quotation as if the Defendant Company received an order for steel cutting work from the Plaintiff, and around September 12, 2016, the written estimate stating that “the Defendant Company places an order for cutting work equivalent to KRW 34,013,286 (excluding value-added tax) with respect to the Plaintiff Company” (hereinafter “instant quotation”).

(4) On September 30, 2016, the Plaintiff: (a) remitted the steel materials of this case to Masti KRW 32,013,355 (including value-added tax); and (b) thereby C acquired financial benefits equivalent to KRW 32,013,355 and sustained damages equivalent to the same amount to the Plaintiff.

In addition, due to the above criminal acts committed by C, the Plaintiff suffered damages that the Plaintiff paid KRW 2,636,645 (including value-added tax) as the processing price for the steel materials of this case to E (hereinafter “D”) engaged in the processing business under the trade name “D” around September 9, 2016.

(hereinafter referred to as “instant illegal act”). 5C is charged with the instant illegal act.