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(영문) 수원지방법원안산지원 2015.08.18 2014가단31004
손해배상금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 20% per annum from August 23, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A (hereinafter referred to as “A”) is a company that conducts cleaning and hygiene service agency business, and the Defendant was a director of A in-house from April 2, 2013 to March 25, 2014.

B. On April 21, 2014, the Defendant, while working in A, prepared and delivered to A a a letter of commitment that the Defendant would accept any civil or criminal measure if he/she fails to comply with the above deadline (hereinafter referred to as “each letter of commitment”) with the amount of KRW 46,90,000, and KRW 60,000,000, out of the amount of use of the corporate card received from A for business purposes, and KRW 23,668,300, which was used for non-business purposes, by March 31, 2015.

C. The defendant did not engage in business activities for A after the preparation of the letter of this case.

A was declared bankrupt as the Seoul Central District Court 2015Hahap12 on April 1, 2015 on which the instant lawsuit is pending, and the Plaintiff appointed as the bankruptcy trustee accordingly took over the lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the above KRW 60,000,000 and damages for delay calculated at the rate of 20% per annum from August 23, 2014 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.

B. The Defendant alleged that the Defendant did not pay the above KRW 60,000,000 to the Plaintiff since the Defendant’s activities as a principal agent for A. However, the Defendant promised to repay the above KRW 60,000 with the profits received after the date of preparation of each letter, but all the activities asserted by the Defendant were deemed to have been conducted before April 21, 2014, which is the date of preparation of each letter of this case, and otherwise, the class activities after the preparation of each letter of this case.

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