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(영문) 의정부지방법원 2017.01.13 2016나4854
손해배상(기)
Text

1. Of the judgment of the first instance court, KRW 35,008,076 against the Plaintiff and the Plaintiff shall be fully paid with respect to the Defendant from February 7, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company that produces, distributes, and sells pharmaceutical products, and the Defendant is a person who works for the Plaintiff’s business from June 18, 2012 to September 30, 2014 as a member of the Plaintiff’s business and engaged in the sales and collection of pharmaceutical products.

B. On September 2014, the Defendant retired the Plaintiff’s business employees, along with the Defendant’s successor, performed the Defendant’s business of taking over the Plaintiff’s transaction pharmacies. During that process, the Defendant revealed that the difference between the balance between the Plaintiff’s transaction pharmacy’s balance and the Plaintiff’s account book by arbitrarily treating the Plaintiff’s transaction pharmacy without having sold at a discount or having received the returned medicine during the working period.

C. Accordingly, on November 15, 2014, the Defendant issued to the Plaintiff a confirmation document stating that “The difference among the 67 transfer points is KRW 91,96,115 ( approximately KRW 10,000) of the 7 transfer points was returned on November 3, 2014, and the remainder is adjusted by November 14, 2014 ( approximately 6,000,000) and the remainder is adjusted by November 14, 2014: Provided, That the C pharmacy, D pharmacy, E pharmacy, F pharmacy, and G pharmacy shall be adjusted by November 30, 2014 (hereinafter “instant confirmation document”).

On December 2, 2014, the Defendant drafted a reorganization plan stating that “I will pay KRW 15,165,213, which is KRW 50,00,00 each month by dividing KRW 5,00,00 by at least 30,330,426, which deducts KRW 61,635,689, such as return, etc. from the total difference of KRW 91,96,115,” and “I will pay KRW 5,00,00 each month by March 31, 2015” (hereinafter “instant reorganization plan”).

E. The Plaintiff filed a complaint under the suspicion that the Defendant did not comply with the above certification and the reorganization plan, stating that “The Plaintiff embezzled drugs without suffering them from the company while carrying out business, such as not taking the intermediate drug either as if the Plaintiff ordered the drug at the trading pharmacy, or not taking the returned drugs from the trading pharmacy.” However, the Plaintiff filed a complaint under the suspicion that “the Plaintiff embezzled them without taking them into account in the course of carrying out business.”

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