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(영문) 서울남부지방법원 2015.01.29 2013가합15433
손해배상(기)
Text

1. The Defendant’s KRW 118,564,308 as well as 5% per annum from June 17, 2013 to January 29, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The status of the party is a company aimed at the manufacturing and selling business of ices. The defendant is a person who joined the plaintiff around November 15, 2006 and worked as a special business team B, a unit business operator from around April 6, 2009.

B. Plaintiff internal auditor 1) The special business team in charge of the Defendant was in charge of C as sales partners related to sales promotions/ gift sets, and D as sales partners related to sales promotions/ home shopping. 2) The Plaintiff became aware of the existence of accounting problems, such as the actual amount of claims of the transaction partner managed by the special business team and the amount of claims on the Plaintiff’s account books, as a result of internal audit on April 2013.

3) From the Plaintiff, on September 16, 2013, C was subject to a disposition of suspension from office, and D was dismissed on September 17, 2013, and the Defendant was dismissed on September 17, 2013. (c) The Plaintiff’s internal provisions are as listed in attached Table 1. [The Plaintiff’s internal provisions are as follows: (a) there is no dispute over the grounds for recognition; (b) evidence No. 1; (c) evidence Nos. 1, 2, and 1 of evidence No. 2; (c)

2. The Defendant asserted that the Plaintiff committed the following illegal acts, and thus, is obligated to pay to the Plaintiff the same amount as the purport of the claim.

From January 2010 to August 2013, the Defendant received 281,845,700 won from the Plaintiff’s transaction partner’s account in the name of the Defendant or in the name of F, the Defendant’s branch of the Defendant (hereinafter “the above money”) and deposited KRW 534,238,00 out of the amount of goods received from the Plaintiff’s transaction partner as shown in the attached Table 3, but only KRW 113,801,850 out of the amount of goods received from the Plaintiff’s transaction partner (hereinafter “the above money”) deposited into the Defendant’s account in the name of the Defendant’s name (hereinafter “money deposited into the Defendant’s account”), and then deposited only KRW 702,281,850 among the money deposited into the Plaintiff’s account (i.e., KRW 281,845,700 without the account deposited in the Defendant’s account (i.e., KRW 534,238,00 won deposited in the Plaintiff’s account).

B. The defendant is a warehouse of the plaintiff while working as a special business B.

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