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(영문) 서울중앙지방법원 2016.05.25 2015가단5301864
손해배상(기)
Text

1. Defendant B Co., Ltd. shall pay KRW 13,759,480 to the Plaintiff.

2. The plaintiff's defendant B corporation

Reasons

1. Basic facts

A. (1) The Plaintiff was a person working as the head of the music content distribution team in the music business division of the Defendant Company B (hereinafter “Defendant Company”), the main trader of the Defendant Company B (hereinafter “Defendant Company”) (hereinafter “E”), and was engaged in the business of distributing music records and managing inventory of the Nonparty Company.

(2) The Defendant Company is a corporation that runs a sound records distribution, sales, or distribution service business, and entered into a logistics agency agreement with the Nonparty Company, and keeps and delivers the sound records of the Nonparty Company.

On the other hand, Defendant C is the representative director of Defendant C.

B. F and G tort, and the Plaintiff’s involvement suspicion (1) were the person in charge of the first center that keeps the records, etc. of the Defendant Company’s logistics team and vice head, and the person in charge of the business of keeping, managing, and shipping the records, etc. entrusted by the Nonparty Company. G was supplied and sold records by the Nonparty Company through the Defendant Company while operating H limited liability company, etc.

(2) F, alone or in collusion with G, has committed:

① On December 4, 2008, the Defendant Company ordered I, a computer staff member of the Defendant Company, to publish the sound records of KRW 80,785,200 at H in an amount equal to the market price of KRW 80,785,20,00, and I released the sound records without selling them.

After that, I, in accordance with F's instructions, computerizedly processed that the records were released for public relations on three occasions from November 16, 2009 to the 20th day of the same month.

② The Plaintiff returned 65,268 of the records purchased from Nonparty Company through G from June 2009 to July 2009 (or equivalent to KRW 547,723,200 at the market price) to the Defendant Company. In fact, the Plaintiff returned and entered the records of other companies with bad and worn-out, not the non-party company’s records entered in the return form, but the Plaintiff did not transfer the records to the return room.

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