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Reasons
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(영문) 창원지방법원마산지원 2020.12.23 2018가단103931
손해배상(기)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the business of packaging heavy goods, packaging of exported goods, etc., and the Defendant is a person who served from October 2004 to December 5, 2016 as an employee of the Plaintiff.

B. On December 23, 2014, the Plaintiff purchased each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from C for KRW 3.5 billion (hereinafter “instant sales contract”), and completed the registration of ownership transfer in the name of the Plaintiff on December 26, 2014. The Defendant, as an employee of the Plaintiff, was in charge of the affairs related to the conclusion of the instant sales contract.

C. On June 21, 2016, D, asserting that the instant sales contract was a fraudulent act and filed a lawsuit against the Plaintiff for revocation of the instant sales contract and reimbursement of KRW 314,860,352 (hereinafter “related lawsuit”) with the Ulsan District Court 2016Gahap21953 (hereinafter “the instant lawsuit”) (the instant lawsuit was filed with the Plaintiff as a joint defendant, in addition to the Plaintiff, who was the mortgagee of each of the instant real estate). On April 20, 2017, the said court revoked the instant sales contract within the scope of KRW 314,860,352, within the scope of KRW 314,860,352, and (2) the Plaintiff sentenced D to the first instance court to pay compensation for damages and delay damages (hereinafter “related lawsuit”).

The Plaintiff appealed from the Busan High Court Decision 2017Na52781 as to the judgment of the first instance court of the relevant lawsuit, but the above court rendered a judgment dismissing the appeal on December 20, 2017, and the Plaintiff appealed as Supreme Court Decision 2018Da206851, but the appeal was dismissed on April 26, 2018, and the judgment of the first instance court of the relevant lawsuit became final and conclusive as it is.

E. The Plaintiff paid D KRW 10 million on May 11, 2018, KRW 54,430,176 on May 15, 2018, KRW 160,430,176 on May 25, 2018, and KRW 314,860,352 on May 25, 2018.

Provided, That 160,430,176 won from May 25, 2018 shall be the provisional attachment decision.

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