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(영문) 서울중앙지방법원 2018.04.05 2017가단15018
손해배상(기)
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from January 17, 2017 to the date of full payment.

Reasons

Basic Facts

A. The Plaintiff is a stock company aimed at issuing and managing credit cards, pre-paid cards, etc., and the Defendant is a stock company with the aim of electronic commerce and related distribution business.

B. When a purchasing enterprise (member company) requests a selling enterprise (member company) to purchase goods by using a credit card issued by the Plaintiff from the Plaintiff, the “exclusive-use card for business purchase” handled by the Plaintiff means that the selling enterprise (member company) requests the Plaintiff to approve the card, and when the Plaintiff transfers the card price excluding the fee (1%) to the selling enterprise (member company) as the price for the goods, the transaction takes place by the purchasing enterprise ( member company) after one to two months, by settling the card price.

C. On June 2014, the Defendant entered into a transactional relationship with the Plaintiff by concluding a contract for the exclusive-use card for business purchase. Since August 10, 2015, B, the Defendant’s representative director, used a purchasing enterprise that does not exist from August 10, 2015 to the 31st of the same month, or supplied services or goods to a purchasing enterprise that does not actually exist and there is no sales, the Defendant requested a payment approval for the exclusive-use card for business purchase with respect to the amount of the false sales slip, and obtained the payment from the Plaintiff to the Defendant’s account, thereby causing damage to the Plaintiff.

With respect to the above act in B, the judgment was rendered and finalized as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (

(Seoul High Court Decision 2017No1766, Dec. 12, 2017; Supreme Court Decision 2017Do21643, Mar. 27, 2018). [Grounds for recognition] The fact that there is no dispute, obvious fact in this court, entries in Gap 2 and 3 evidence, and the purport of the whole pleadings.

2. If the facts of the judgment are as above, the defendant shall be liable to compensate the plaintiff for the total amount of KRW 4,071,814,065, which is incurred by the plaintiff due to the illegal act committed by the representative director B, and the defendant shall be liable to compensate the plaintiff for the part of the claim.

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