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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is a company operating precious metal wholesale and retail business (hereinafter “Plaintiff company”). Defendant B joined the Plaintiff company on May 16, 201 and worked as a business employee on May 16, 201, and retired from office on July 10, 2012, when it was in charge of the business of precious metal business with the trade name “D.”
B. On April 17, 2012, the Plaintiff Company lowered the outstanding amount of KRW 9,611,040 to Defendant B, who is a customer, to KRW 8,00,000 by the end of April 2012, and issued an order to reduce the outstanding amount of KRW 2,00,000 each month from the following month. However, Defendant B supplied the outstanding amount of KRW 4,318,00 on May 17, 2012, and the total outstanding amount of KRW 17,429,960 on June 8, 2012.
C. In addition, from March 2012 to March 2012, Defendant B received a request for the sale of a multimond product that is not handled by the Plaintiff Company from H working in “G” operated by F without the approval of the Plaintiff Company, and supplied approximately KRW 314,319,000 to E.
However, E did not pay the outstanding amount of KRW 17,429,960 to the Plaintiff Company and KRW 104,570,000 to G, and escaped around June 17, 2012.
E. Defendant C, the mother of Defendant B, entered into a contract for fidelity guarantee with the Plaintiff Company on May 17, 201, stating that “When Defendant B caused any damage to the Plaintiff Company by intention or negligence during his/her service, he/she shall be liable for all civil matters.”
[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, 12, 13, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The allegations and judgment of the parties
A. On April 17, 2012, the Plaintiff Company filed a claim for damages due to the breach of the order to manage the outstanding amount of the Plaintiff Company: (a) the Plaintiff Company lowers the outstanding amount of KRW 9,611,040 per month to Defendant B by 2,00,000 per month; and (b) the total outstanding amount of KRW 8,000 by the end of April.