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서울남부지방법원 2019.09.18 2019가단205569

1. The Defendant’s KRW 24,740,00 and the Plaintiff’s annual rate of KRW 5% from September 1, 2016 to September 18, 2019, and the following.


1. Facts of recognition;

A. The parties concerned are corporations engaged in manufacturing and selling dental machinery and appliances, manufacturing and selling dental appliances, etc., and the Defendant is a person who served as the director of the Plaintiff’s business division from March 1, 2014 to July 31, 2016.

B. From January 1, 2015 to August 2016, the Defendant filed an application for supply with the Plaintiff by stating that the Plaintiff would deliver goods to the customer when the Plaintiff takes out of the place of business and would pay the amount to the Plaintiff. The Defendant, who received from the Plaintiff the goods equivalent to approximately KRW 59,740,00 in total amount of dental equipment, etc., and then sold KRW 37,350,750 to C (D), E, F (G), and H (I, etc. at a personal price of KRW 60 to 70% of the fixed price.

C. 1) The Defendant’s act described in the above B(b) (hereinafter “instant tort”).

(2) On April 25, 2018, the Seoul Southern District Court (Seoul Southern District Court 2017Ma6512), the Defendant was indicted for a criminal charge of fraud, and was sentenced to a two-year suspended sentence on April 25, 2018, and the judgment became final and conclusive around that time. (2) The Defendant deposited KRW 35,000,000 for the Plaintiff during the criminal proceedings.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion ① In addition to the amount of damages recognized in the criminal judgment related to a claim for damages caused by tort, there exist a number of details of personal sales by the Defendant by deceiving the Plaintiff’s goods, and after the Defendant’s retirement, there was a difference between KRW 129,877,00 between the Plaintiff’s inventory and the actual inventory.

Therefore, the defendant is liable to the plaintiff for damages for the tort of this case. 2,00,00 won obtained by J, which was an employee in charge of inventory management, and the remaining 92,87,000 won = 129,87,000 won after deducting the defendant's deposit money from 129,877,000 won, which was an employee in charge of inventory management.