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(영문) 대구지방법원 2016.09.29 2016나736
물품대금
Text

1. Of the judgment of the court of first instance, KRW 32,613,012 against the Plaintiff and the Plaintiff’s aforementioned costs from May 1, 2015 to September 29, 2016.

Reasons

1. Basic facts

A. The Plaintiff Company is a corporation that manufactures, processes, sells, etc. livestock products.

B. The Defendant, while serving as a business employee at the Plaintiff Company, operated a personal business entity under the name of C (hereinafter “C”) after the withdrawal in 2013.

C was supplied with livestock products by the Plaintiff Company.

C. From July 11, 2013 to February 5, 2014, the Defendant remitted KRW 51,580,550 in total to D’s account, a sports branch of the Plaintiff Company, from July 11, 2013 to February 5, 2014.

D around February 2014, around February 2014, the Defendant demanded that the Defendant pay the outstanding amount for the goods of C to the Plaintiff Company and the outstanding amount for the goods of the Plaintiff Company that the Defendant had been a business partner while working in the Plaintiff Company.”

Accordingly, the Defendant directly sealed the debt guarantee letter (No. 1, hereinafter referred to as “instant debt guarantee certificate”) with the following content as follows, and affixed the debt under the instant debt guarantee certificate on its own.

Each letter of debt guarantee and each letter of guarantor's name: B resident registration number: omitted, the above person shall be fully responsible for the following obligation accrued during his/her service at your (State, A's Gyeonggi Business Department).

In addition, as of February 24, 2014, as of March 10, 2014, we will fully assume the responsibility for the following attempted claims and completely dispose of them until March 10, 2014, and if there remain attempted claims until then, I will assume all the civil and criminal liability of them.

The following NO’s Customer Amount: C 1 C 17,568,360 2 E 7,366,811 3 F 2,567,60 4 G 1,103,90 5 H 1,000 6 I 91,1007 J 868,400 868,400 868,400 9 L 782,4310 L 782, 4310 M 30,000 30,300 433,717,002 02 24 February 24, 2014: the name of the representative director of the FO and the name of the guarantor 300,000,0000 333,717,002 02

E. Meanwhile, D on May 26, 2015, the Plaintiff between June 5, 2013 and March 17, 2014.

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