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(영문) 인천지방법원 2017.04.07 2016가합51473
손해배상(기)
Text

1. Defendant A’s KRW 49,983,620 as well as the Plaintiff’s KRW 6% per annum from May 17, 2016 to April 7, 2017.

Reasons

1. The parties' assertion

A. The Plaintiff Company 1) entered into a sales commission agreement with Defendant A and Defendant A to pay 3% of the sales price of the Plaintiff Company’s products sold to its customers, including Nonghyup.

B) However, in collusion with Defendant A, Defendant B, who is in charge of the Plaintiff Company, prepared a false business report and reported it to the Plaintiff Company as if the Plaintiff Company had supplied the goods to the customer and reduced the price and quantity of the goods to the extent of the difference. The Plaintiff Company paid a total of KRW 93,384,939 won to the Defendant Company (as indicated in the attached Table Nos. 1 through 9, the total amount of the claim details, the actual amount of KRW 94,394,739, or the account of the Plaintiff Company). (2) The Defendants also issued a tax invoice to the Plaintiff Company to receive the goods supplied by the Plaintiff Company to each of the customer. (2) The Defendants issued a false tax invoice to the Plaintiff Company as if the Plaintiff Company supplied the goods to the Plaintiff Company to the Plaintiff Company, and supplied the goods to each of the customer, and then Defendant A supplied the goods to the Plaintiff Company to the Plaintiff Company as if it were supplied to the Plaintiff Company’s goods to the Plaintiff, and then Defendant A supplied the goods to the Plaintiff Company’s respective customer.

2) In relation to paragraph (2) of the preliminary claim, if Defendant A is supplied with goods from the Plaintiff Company, the Plaintiff Company shall provide the Defendant A with a total of KRW 124,517,620 (attached Form).

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