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(영문) 광주지방법원순천지원 2019.12.12 2018가합11689
손해배상(기)
Text

1. Defendant B and C jointly share KRW 961,536,320 to the Plaintiff, as well as the year from August 7, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff grants a certain person of security or credit as an intermediary wholesaler so that he/she can buy fishery products sold or consigned to fishermen within a certain scope of transaction by winning a successful bid or entering into a free contract, and the Plaintiff directly pays to the fishermen other than the commission fee and receives the payment from the intermediary wholesalers after the 15-day grace period.

B. From January 1, 2016 to October 31, 2017, Defendant C served as a director (director of sales division) in charge of the consignment sales business, such as the consignment sales of fishery products, the settlement of the sales price of intermediate wholesalers, and the management of accounts receivable, at the Plaintiff’s branch office in the Gun (Gun branch). Defendant B, who entered into an intermediary transaction agreement with the Plaintiff on June 14, 2016, was subject to a disposition of suspension of trading from the Plaintiff on June 8, 2017, because it was impossible to resolve accounts receivable over the limit of trading granted by the Plaintiff while purchasing and distributing fishery products.

C. Defendant C borrowed the name of each intermediate wholesaler from Defendant D (M), I (N), J (O) and agent of Defendant C (P) as the intermediary wholesaler, Defendant H, and Defendant C’s intermediary wholesaler as the agent of Defendant C, the intermediary wholesaler, and Defendant C’s intermediary wholesaler. Defendant B, as described in attached Table 1, obtained the total amount of KRW 1,175,878,50,00 in the name of Defendant D, F, H, and J from July 3, 2017 to October 26, 2017, as shown in attached Table 1, and received the total amount of KRW 1,175,878,50 in the name of Defendant D, F, H, and J from August 1, 2017 to October 18, 2017.

On the other hand, the Plaintiff directly operated the intermediate wholesaler T, and Defendant C allowed Defendant B to use the name of intermediary wholesaler, and Defendant B from August 2017 to November 2017.

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