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(영문) 수원지방법원 2017.07.05 2015가단109429
부당이득금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 72,029,582 and its KRW 70,137,674 among the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim, April 1, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. From November 15, 2006 to March 13, 2014, the Defendant served as a business employee of Suwon-si CD located in Suwon-si, which the Plaintiff manages, and has been in charge of selling lubial oil handled by the Plaintiff to the business partner and collecting the price thereof.

B. The Defendant: (a) carried out lubric oil stored by the Plaintiff and sold it to an individual customer; and (b) paid monthly wages of KRW 1300,000 in addition to the monthly fixed wages of KRW 130,000,000 in addition to the monthly fixed wages.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3, the purport of the whole pleadings

2. Determination on the main claim

A. The reasoning of the judgment as to the claim for damages equivalent to the outstanding amount and the debt collection fees included the whole purport of pleadings in the evidence evidence evidence evidence Nos. 4 through 20 (including numbers, if any) as of March 14, 2014, when the Defendant sold it to a customer, the amount of the outstanding amount which was not deposited by the Plaintiff out of the gasoline that was taken out from the Plaintiff, reaches KRW 92,639,766. ② The Defendant, as of March 14, 2014, notified the Plaintiff of only the information about some business partners, not including the location, contact address, and current status of the total business partners who were managed by the Defendant while working as a business partner, ③ The Plaintiff acknowledged the Defendant’s disclosure among the business partners managed by the Defendant, or from some business companies identified by the Plaintiff itself, to May 9, 2015, and paid part of the outstanding amount to KRW 16,98,292,529,500,000 as above.

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