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(영문) 서울서부지방법원 2019.11.14 2019나31874
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the Defendants shall be revoked, and the Plaintiff’s claim corresponding to the revoked part shall be revoked.

Reasons

1. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the plaintiff's assertion

A. Defendant B, as a person in charge of the Plaintiff’s business and fund management, has the duty to negotiate the best unit price in consideration of the Plaintiff’s interest and to have the Plaintiff pay a reasonable unit price to the Defendant C with the view to the Plaintiff’s interest. Nevertheless, Defendant B reported the Plaintiff’s representative E with no such unit price factors as the Defendant C’s price discount, and conspired to acquire KRW 20,000, out of KRW 30,000 for each unreasonably increased unit price, Defendant B, and 10,000 for each of the 30,000 won for each of the 30,000 won for each of the 30,000 won for each of the 30,000 won for each of the 20,000 won for each of the 31,200,000 won for each of the 20,000 won for each of the 31,23130,000 won for each of the 206 items in the attached Table (1).

3) From February 28, 2010, the Defendants reported that the unit price was increased by 310,00 to 340,000 won per unit, without any actual unit price factors, to the Plaintiff’s representative E, and thereafter, ordered the Plaintiff to purchase 1,129 f,00 won per unit during the period from February 28, 2010 to October 31, 2012 as shown in the attached Table (B), thereby causing the Plaintiff to incur damages equivalent to 67,740,00 won per unit ( = 60,000 x 1,129 x 1,29 x 1,09). The Defendant B, as the Plaintiff’s business and financial manager, provided the Plaintiff’s goods or service to the customer, and provided the Plaintiff with any distressed service.

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