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1. The Defendants are jointly and severally and severally liable to the Plaintiff for 51,693,296 won and the period from October 19, 2014 to April 13, 2015.
Reasons
1. Basic facts
A. On April 1, 2014, the Plaintiff and Defendant A drafted an employment contract with the following contents, and Defendant B jointly and severally guaranteed the said obligation to the Plaintiff.
Defendant A shall provide labor to the head of the Plaintiff’s C Branch Office. The employment period is from April 1, 2014 to December 31, 2014.
However, it shall be re-employed for a period of one year unless there is a special dismissal due to the expiration of the period.
An employer may dismiss a worker from his/her office at any time in accordance with the provisions of Acts and subordinate statutes, if he/she has an unexpected act during his/her work (non-performance of business instructions, loss increase,
The C Branch Director shall exercise overall control over the plaintiff C Branch and shall be responsible for all purchase, sale, and non-performing loans.
Therefore, when the head of a branch office causes loss to an employer due to the violation or negligence of the duty or other unforeseen acts, he/she shall compensate for the loss immediately and shall submit a performance bond or a joint and several surety to the employer
B. On September 12, 2014, the Plaintiff decided to close a C business office, and Defendant A decided to repay the inventory amount and the outstanding amount to the Plaintiff by October 18, 2014.
C. From July 2014 to September 2014, the sum of total inventory amounts among the goods released by the Plaintiff to C is KRW 50,231,720, the sum of total outstanding amounts out of total sales amounts is KRW 33,191,152, and the sum of expenses incurred in the C business office disbursed by the Defendant A as of October 4, 2014 is KRW 31,729,576.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 20, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally deducted the amount of KRW 50,231,720 and the outstanding amount of KRW 33,191,152 from the total of KRW 31,729,576 from the total of KRW 50,231,720 and the outstanding amount of KRW 33,191,152, and the remainder of KRW 51,693,296 from October 19, 2014 to April 13, 2015, which is the day following the agreed date.