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(영문) 의정부지방법원고양지원 2015.06.10 2015가단2440
손해배상금
Text

1. The Defendant: KRW 9,020,562 to the Plaintiff, as well as 5% per annum from November 21, 2014 to June 10, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff imported goods of USD 20,260 from a company located in the U.S. around November 2014.

B. On November 10, 2014, the Defendant, who had worked as the director of the Plaintiff’s division, sent an e-mail to C (e-mail address is D) to ask whether it is possible to settle the price of the goods after the trial run according to the Plaintiff’s representative director’s instruction, and sent an e-mail requesting the response to the above e-mail on the 14th of the same month.

C. On November 18, 2014, the Defendant received e-mail that calls for payment as a swift Ac book because it could not receive any payment from the company’s account as a result of a tax audit.

A person who sent the above e-mail has different e-mail address from C’s original e-mail address of the person in charge of the TREMARK company.

The defendant sent a reply to the above e-mail to ask for a new account and settlement date, etc., and received the e-mail from the E-mail to the new account at the settlement date.

On November 21, 2014, the Defendant “CHARES during the course of audit conducted by E”.

F. Upon receipt of a written confirmation under C in the name of EDDS (INC), the said written confirmation was sent to the Plaintiff’s account in e-mail and sent it to the Plaintiff’s account, and had the said account wired USD 20,260 (22,551,406 won at the exchange rate at that time) to the said account on the same day.

(e) CHALES;

f. The account in the name of the EDDS (INC) was an account in which it is not related to the actual TEMARK company.

[Ground of recognition] Gap evidence 1, 2, Eul evidence 1 to 7, the purport of the whole pleadings

2. Determination

A. According to the above fact of recognition of the liability for damages, the defendant is more closely aware of the e-mail that the defendant requires transfer to a new account as an employee of the department B.

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