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(영문) 창원지방법원 마산지원 2018.10.10 2018가단100963
손해배상(기)
Text

1. Defendant B shall pay to the Plaintiff KRW 32,400,000 and the interest rate of KRW 15% per annum from April 19, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff prepared a letter of guarantee in this case 1) a secondhand trading complex called “E” located in Changwon-si, Changwon-si (hereinafter “E complex”).

(F) in the name of “F”, a secondhand sales agency (hereinafter “Plaintiff company”).

Defendant B is a person operating the Plaintiff’s business, and Defendant B is a person who was an employee of the Plaintiff’s business. (2) around September 1, 2017, Defendant B submitted a financial guarantee and a written oath (hereinafter “instant guarantee”) prepared in the name of Defendant B, D to the Plaintiff. The instant guarantee stated as follows: “I, as well as I (Defendant B) shall faithfully perform the duties entrusted as a member, and comply with the provisions and instructions while in office, and if I have intentionally or negligently damaged the company’s reputation or inflicted property damage on you, I shall not raise any objection, such as property damage, within the guarantee limit (30,000 won a day).”

On the other hand, the instant guarantee is accompanied by a certificate of personal seal impression issued by Defendant D on September 1, 2017 and a certificate of taxation by local tax item.

B. Defendant B’s fraud and occupational embezzlement 1) requested that the Plaintiff “on April 2017, the Plaintiff transfer the above amount to the account in the name of the customer because it is necessary to purchase 12 million won,” and around that time, the Plaintiff deposited the said amount to the account known by Defendant B. However, Defendant B agreed to refund the said amount to the Plaintiff in the idea of using it in the repayment of the Plaintiff’s obligation without purchasing heavy vehicles, and that Defendant B agreed to refund KRW 12 million each month to the Plaintiff as compensation for damages.

3. In the absence of a model that the customer wishes to purchase among the middle and high-ranking sales agencies located in the E complex, the used car is sold in common among them.

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