beta
Text
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 operates a paper products distribution business, and the Defendant is a person who runs a paper wholesale business in the name of “C”.
Non-party D has been engaged in overall affairs such as ordering orders, delivery of goods, purchase and sales closing, and computerized input of transaction information from customers as a person who worked as the head of the customer support team from January 201 to December 2016 at the Plaintiff Company.
B. From Jan. 2010 to Dec. 2, 2016, the Defendant continued to engage in the transaction in which the goods are supplied by the Plaintiff and the price for the goods was paid (hereinafter “instant goods transaction”). From May 201, the Defendant traded with the Plaintiff through the said D from May 201.
C. D, as seen above, supplied the Plaintiff’s goods at a discount compared to the normal price, received part of the price of the goods from the Plaintiff to the bank account in its personal name, and, by means of manipulating the Plaintiff’s computer system and omitting the fact of delivery of the goods to the Defendant, it received a total of KRW 849,622,775 from May 201 to April 2016, and then returned KRW 277,942,092 out of the above KRW 849,62,775 to the Defendant and returned KRW 849,62,775 to the Defendant’s account. Since the Defendant paid KRW 277,942,092, which was remitted from D as the price of goods, the amount of KRW 277,942,092 was excluded from the amount of embezzlement.
he/she has embezzled for personal purposes.
D due to the above tort, Seoul High Court sentenced 2017No3748 to two years of imprisonment and became final and conclusive (D).
Meanwhile, around February 2017, the Plaintiff demanded confirmation of the amount of goods unpaid until that time to the Defendant. On February 23, 2017, the Defendant prepared a written confirmation to the Plaintiff that “the amount of goods unpaid by the Defendant to the Plaintiff is KRW 61,524,043 (including value-added tax).”
Since then, the defendant filed the lawsuit of this case.