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1. Defendant B’s KRW 53,151,00 for the Plaintiff and 5% per annum from September 12, 2016 to September 5, 2018.
Reasons
1. Basic facts
A. The Plaintiff Company is a company that runs gas station operation business, oil retail business, and Defendant B is the head of the Plaintiff Company’s business team, and Defendant C is a person who works for the Plaintiff Company’s business management support team while working for the Plaintiff Company.
B. The Plaintiff Company received oil from a similar D Co., Ltd. (hereinafter “D”) and sold it to other gas stations, industry, etc. The Defendant B, as the head of the business team, presented the oil price to the customer based on the guidelines set forth in the Espact, and supplied the oil price upon receiving orders from the customer and settled the oil price at the end of each month.
C. The Plaintiff Company’s oil sales, when Defendant B entered the details of sales in the Plaintiff Company’s MIS program (hereinafter “instant accounting program”), which has jurisdiction over the entire distribution of oil, such as customers, goods, quantities, and unit prices, was operated by means of inputting the value and tax amount for each customer’s oil station from the Plaintiff Company’s accounting team to the National Tax Service and transmitting sales tax invoices.
On October 6, 2016, the Defendants issued a written confirmation to the Plaintiff Company stating that “I will be responsible for all civil and criminal responsibilities and monetary damages (such as approximately KRW 3,300,000,000 in E-affiliated and other attempted claims incurred by the principal, as of April 4, 2010, and additional charges incurred thereafter) arising from the instant case, and will be dedicated to the Plaintiff Company (the Plaintiff Company) until all of the relevant claims are recovered.” On October 10, 2016, Defendant B submitted to the Plaintiff Company a written confirmation to the effect that “I will be liable for considerable damage to the Company, and resign.”
E. The Plaintiff Company, in collusion with the Defendants, shall be held free of charge by Defendant B.