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(영문) 부산지방법원 2015.09.16 2014가합11003
손해배상(기) 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Party-related 1) The Plaintiff is a company that sells, repairs, and imports and sells parts of a vessel, and imports and sells pressure equipment. (2) Defendant B is a person who was engaged in the Plaintiff’s overseas business division and vice-general from July 14, 2003 to July 23, 2014. Defendant C is a person who manufactures vessel machinery parts in the name of “G” in the name of “G” from the Busan Young-gu, and Defendant D is a person who engages in vessel processing business in the name of “I” in the name of “I” in the Busan Young-gu, Busan, and Defendant E is a person who actually operates “I” as Defendant D’s husband.

B. The Plaintiff, including Defendant B’s act of taking property in breach of trust, was indicted as follows on February 11, 2015 on the following charges: (a) Defendant B, in collusion with the Plaintiff’s external production chain G and I’s other Defendants, who are the operators of the Plaintiff’s external production chain G and I, requested the remainder of the Defendants to claim the price of the goods at a price higher than the production cost; and (b) Defendant B, on the grounds that the Defendants divided the difference, filed a criminal complaint against Defendant B with the Busan District Prosecutors’ Office on the charges of taking property in breach of trust and taking property in breach of trust; and (c) Defendant B, on February 11, 201

(In Busan District Public Prosecutor's Office 2014 punishment No. 60568, Busan District Court 2015Kahap677). On the other hand, the defendant D and E-related criminal charges of breach of trust and breach of trust were handed down a decision of non-prosecution. The plaintiff appealed, and the Busan High Public Prosecutor's Office issued a second investigation order on June 22, 2015.

From July 14, 2003 to July 23, 2014, Defendant B served as the Plaintiff’s head of the overseas business division and the vice head of the division of the company from July 14, 2003, and selected the vessel parts supplier, and prepared a written order order based on the written estimate received from the supplier and received approval, and took charge of the duty of ordering the supplier.

1. On December 2008, Defendant B received property in breach of trust from Defendant C representative, within G companies operated by Defendant C, and to Defendant C, respectively.

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