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(영문) 서울남부지방법원 2017.02.14 2016가단207151
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) shared with the Plaintiff (Counterclaim Defendant) on the basis of KRW 197,441,414 and its amount from April 9, 2016.

Reasons

1. Basic facts

A. Defendant B is a person who worked at the distribution business team of the Plaintiff Company from May 2, 2012 to November 5, 2014.

As Defendant C’s wife, Defendant C provided a fidelity guarantee when Defendant B entered the Plaintiff Company.

B. On July 29, 2013, E, in collusion with G representative director of F, Co., Ltd., Ltd., and ordered the Plaintiff to sell 340,000 kg of pyang, which was kept in the HF warehouse, to D, even though it was not kept in the custody of 340,000 g of the PF in the HF warehouse, the fact was ordered to purchase 340,000 g and sell it to H.

Defendant B: (a) did not directly verify whether only the certificate of storage (Evidence A 3) was submitted under the name of I (HF’s representative) and the above warehouse was kept in custody of 340,000 kg, the Defendant B prepared a false statement (Evidence A (Evidence A 4) stating that he visited the above warehouse and confirmed as if he actually visited the above warehouse, accompanied by another two-wave photo irrelevant to the above two-wave, and submitted it to her commercial person for the payment of goods to F, and that she had the Plaintiff pay KRW 280,50,000 as the purchase price on August 5, 2013.

C. On September 1, 2013, G, in collusion with K’s representative director, ordered the Plaintiff on September 1, 2013, and the fact was not kept at KRW 280,000, which was owned by J in the warehouse of L corporation, but sold to F, by purchasing KRW 280,000, which was kept in the above warehouse.

Defendant B: (a) did not directly verify whether only a certificate of receipt (No. 8) issued in the name of the M Co., Ltd. (the representative director of L Co., Ltd.) forged G was kept in the above warehouse; and (b) did not directly verify whether the above warehouse was kept in the custody of 280,000,000, the payment of the price for the goods to J Co., Ltd., as if he visited and confirmed the above warehouse.

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