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(영문) 수원지방법원성남지원 2019.10.18 2019가합402768
손해배상(기)
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from August 23, 2017 to October 18, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company established on March 11, 1983 for the purpose of manufacturing, selling, exporting, importing, etc. of automobile parts. C is a person who works as the head of the Plaintiff’s domestic public assistance market business division from March 1992 to July 2015 and was in charge of the Plaintiff’s automobile parts sales and collection business. 2) D Co., Ltd. (hereinafter “D”) is a stock company established on September 7, 2010 for the purpose of the automobile parts wholesale and retail business and export and import business, and the Defendant is a person who was appointed as the representative director of the said company on August 20, 2014, and E is a internal director of the said company.

On the other hand, the defendant practically operated the F(F) and the above D, etc. of automobile parts wholesale and retail business chain.

B. The Defendant’s property in breach of trust against C was supplied with automobile parts, etc. from the Plaintiff. From February 28, 2006, F, who was operated by the Defendant, was classified as a malicious trading agency because it was unable to pay the goods price on the payment date. Accordingly, the Plaintiff instructed C not to trade with the Defendant and the Defendant’s operating company. 2) C, in violation of the Plaintiff’s instructions, did not create an agency code without permission in G and D established under the name of the Defendant’s own employee, and supplied the automobile parts. However, around June 201, F, upon reporting that the Defendant was the actual business owner of D, became difficult to conceal the transaction relationship with the Defendant.

3. The Defendant made an illegal solicitation to the effect that, at the above D office located in Gwangju-si around June 2011, the Defendant would offer to C an amount equivalent to part of the price of goods supplied by the Plaintiff for continuing to be supplied with automobile parts. The Defendant sent KRW 800,000 to the I Bank account in the name of C on July 12, 2011.

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