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1. The Defendants jointly share KRW 6,010,861 to the Plaintiff and 5% per annum from December 19, 2015 to January 29, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff Company is a company engaged in the development and supply of software.
Defendant B worked for the Plaintiff Company from April 30, 2012 to February 25, 2014, and Defendant C from September 17, 2007 to April 17, 2014 respectively.
B. The Defendants established a personal business entity under the name of “D” that performs the same business as the Plaintiff Company, and thereafter, took a total of KRW 8,825,240,00, from November 11, 2013 to June 3, 2014, by allowing the transaction partners of the Plaintiff Company to enter into the franchise agreement with the said “D” through the use of business information, etc. known to the Plaintiff Company while working for the Plaintiff Company.
C. Defendant B voluntarily consumed KRW 9,170,000 of the Plaintiff Company’s capital on four occasions from December 20, 2013 to February 24, 2014, as shown in attached Table 2, for personal living expenses, etc.
Defendant B deposited KRW 13,00,000 with the Plaintiff Company as the principal deposit, and the Plaintiff Company received the said deposit at the time of the closing of the instant argument.
[Reasons for Recognition] The facts without dispute, the fact that the plaintiff company is the person of the plaintiff company, each entry in Gap's 3 through 6 (including branch numbers), and the purport of the whole pleadings
2. Determination:
A. In accordance with the establishment and scope of the liability for damages and the above recognition, it is reasonable to view that Defendant B sustained damages equivalent to KRW 17,95,240 in total to the Plaintiff Company due to the act of causing the Plaintiff to lose property profits acquired by the Plaintiff Company by using “D” and the act of embezzlement of the Plaintiff Company’s funds (i.e., KRW 8,825,240,000). It is reasonable to view that Defendant C, in collaboration with Defendant B, incurred damages equivalent to KRW 8,825,240 in total to the Plaintiff Company due to the act of breach of trust using “D.”
Therefore, barring any special circumstance, the above amounts are 8,825,240 won and 8,825,240 won in collaboration with the Plaintiff Company, Defendant B, and Defendant C, respectively.