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(영문) 인천지방법원 2014.11.18 2013가합20386
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at the manufacture, sale, etc. of plastic sheet, which is sub-markets used for the transportation, loading, unloading, and storage of cargo (hereinafter “Plaintiff company”); the Defendant Company A is a company aimed at the manufacture, processing, sale, etc. of synthetic resin products (hereinafter “Defendant Company”); the Defendant Company C is the inside director of the Defendant Company; the Defendant Company’s representative director; and the Defendant Company B is the Defendant Company’s wife as the Defendant Company’s representative director.

B. From around 2008, the Plaintiff Company and the Defendant Company traded in the form of purchasing the Plaintiff Company’s path, and the Plaintiff Company issued each tax invoice of KRW 27,68,025 in 208, KRW 22,748,110 in 209, KRW 16,505,170 in 201, and KRW 119,918,260 in 201.

C. Around May 1, 2008, Nonparty D joined the Plaintiff Company and was in charge of the domestic and overseas business of paths produced by the Plaintiff Company from January 1, 2010, and retired on September 14, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 9-1-5, the purport of the whole pleadings

2. From January 2012 to August 2013, 2013, the summary of the Plaintiff’s assertion: (a) made a false statement of transaction during one year and seven months; (b) made a disposition of approximately 20-50% price of the market price to the customer by taking advantage of the false statement of transaction owned by the Plaintiff Company; and (c) received money from the customer; and (d) Defendant B and C knowingly knowingly received the said sales slips at an excessively expensive price compared to the market price; and (c) took part in the said tort by making a transaction of unwritten materials for which no tax invoice was issued by paying the price of the goods to D in cash.

As a result, the total amount of damages suffered by the Plaintiff Company is KRW 1,016,262,00. The Defendants are the joint tortfeasor and the employer pursuant to Articles 750 and 756 of the Civil Act and Articles 389(3) and 210 of the Commercial Act.

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