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(영문) 수원지방법원안양지원 2014.05.23 2013가합100199
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant, in collusion with C and B, who is the representative director of C and B, issued a false purchase invoice and paid the price to the customer, and then embezzled the plaintiff's company's funds amounting to 442,00,000,000 won, and then received a total of KRW 148,00,000 out of the embezzlement amount from C. The defendant's embezzlement constitutes intentional tort. Accordingly, the plaintiff's embezzlement constitutes the defendant's tort, thereby causing damage equivalent to KRW 148,00,000 of the embezzlement amount that the defendant received from C, and thus, the defendant is liable to pay the plaintiff the above compensation amount of KRW 148,00,000 and delay damages.

2. According to the reasoning of the judgment, Gap evidence Nos. 1 through 5, the plaintiff was established on November 6, 2006 for the purpose of wholesale and retail business, etc., and the defendant was employed as the head of the planning office around December 30, 2010 after entering the plaintiff company around December 6, 2007 for the purpose of wholesale and retail business. Since the representative director of the plaintiff embezzled the plaintiff's company funds, the defendant filed an accusation with the Suwon branch office within the Suwon branch office within the Suwon branch office within the Suwon branch office within the Suwon branch office within the Suwon branch office of the court. Accordingly, Eul was the representative director of the plaintiff who sells Suwon branch office from Suwon branch office (as of July 27, 2012, approximately 3825) and has overall control over the business of the company, such as execution of funds, and the defendant did not return the funds from the plaintiff company to 2008 employees and paid the funds to 30.08 employees and paid the funds to 10.4 employees and paid the funds in cash.08

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