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(영문) 의정부지방법원 2014.04.03 2013가합70764
손해배상(기)
Text

1. Defendant B’s KRW 199,707,130 and KRW 192,265,130 among the Plaintiff and the Plaintiff’s KRW 7,442,00 from June 4, 2013.

Reasons

Basic Facts

The Plaintiff is a company that manufactures synthetic resin and engages in wholesale and retail business (former trade name: D.). Defendant B is a person who works for the Plaintiff from March 2005 to December 27, 201 as the Vice Minister of Business, while working for the Plaintiff from March 2005 to December 27, 201.

On August 18, 2008, the Defendants: (a) registered the name of Defendant C in the name of Defendant C, and (b) changed the name to F Co., Ltd. on May 25, 2012.

On October 31, 2013, the Plaintiff filed a complaint against the Defendants for occupational embezzlement and interference with their duties, and the government's District Prosecutors' Office rendered a disposition on October 31, 2013 on the part of Defendant B's 410,393,60 won and on the part of Defendant C's accusation, he/she was prosecuted for occupational embezzlement.

[Based on the fact that there is no dispute, Gap evidence Nos. 1, 8, 9, 15, Eul evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1, the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff's assertion of the purport of the plaintiff's business registration as trade name E similar to D prior to the plaintiff's change, the defendants supplied the plaintiff's products to the customers and embezzled KRW 448,747,560 by issuing the tax invoice under Eul's name and receiving the price for the goods to the account in the name of the defendant C, and ② 211,678,430 won by receiving the price for the goods from the account in the name of the defendant B to the customers who do not request the tax invoice, and ③ selling the renewable materials to G by reporting the sales price to the plaintiff and receiving the difference from the account in the name of the defendant B to the account in the name of the defendant B.

Therefore, the Defendants are liable to the Plaintiff for joint tort as to KRW 727,050,790 and damages for delay.

The decision-making tax invoice on the claim against the defendant B shall be issued.

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