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1. The Plaintiff, Defendant A and B jointly share KRW 31,764,347, and Defendant C jointly with the said Defendants, and KRW 15,200 out of the said money.
Reasons
1. The facts subsequent to the facts are either in dispute between the parties or in each entry in Gap evidence Nos. 1 to 7, and 9 (including paper numbers), and may be admitted by examining the whole purport of the pleadings.
The Plaintiff is a company whose purpose is to manufacture, process, and sell ice, ice, ice, and freezing foods. Defendant A entered on September 6, 2010 and worked as business employees at the Plaintiff’s D branch from December 1, 2010 to July 6, 2015 and sells the fruit produced by the Plaintiff in Gwangju E, F, G, and H branch to the business partner, and takes charge of the business of collecting the price. Defendant B is the mother of Defendant A, Defendant C, and Defendant A’s punishment.
B. The Plaintiff, upon the entry of his/her business members, demands a written membership pledge stating that “to observe the rules, and compensate for damages to the company intentionally or by negligence,” and Article 8 of the Plaintiff’s Guidelines for the Management of Claim Accidents stipulates that a business member shall compensate for 100% of the total amount of sales proceeds when he/she did not deposit the sales proceeds with the company after receiving them from the customer, or when he/she did not incur any overcharge difference without prior approval.
C. On June 9, 2015, the Plaintiff’s actual amount of total credit sold by Defendant A on the Plaintiff’s computer was KRW 124,416,201, but the actual amount of credit calculated based on the actual amount of credit against the transaction partner and the identification of the vehicle inventory of the Defendant A, etc. is merely KRW 82,211,123, and there was a difference in KRW 42,205,434.
On June 9, 2015, Defendant A prepared and submitted to the Plaintiff a written statement of repayment that he/she would repay the shortage of sales by June 29, 2015, and deposited KRW 2,000,000 among them on June 11, 2015.
E. On September 1, 2014, Defendant B agreed to the Plaintiff that Defendant A shall be liable for all civil damages incurred to the Plaintiff due to the Plaintiff’s negligence in the course of performing the Plaintiff’s duties. Defendant C agreed on June 4, 2015, out of the shortage in sales that Defendant A would pay to the Plaintiff, 19,089.