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(영문) 서울남부지방법원 2015.05.15 2014가합1134
손해배상(기)
Text

1. Defendant B’s KRW 307,925,50 for the Plaintiff and KRW 5% per annum from February 20, 2013 to February 5, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of construction business.

around 1993, Defendant B entered the Plaintiff and withdrawn from the Plaintiff on February 2013, and Defendant C is the spouse of Defendant B, and Defendant D is the head of Defendant B.

B. Defendant B, while serving as the Plaintiff’s construction management director, has entered into a contract with the relevant subcontractor as indicated in the attached Table 1. During that process, Defendant B prepared a false estimate with the construction cost lower than the quotation presented by the subcontractor. The Plaintiff’s representative director is presented.

The Plaintiff believed that the amount of a false estimate is true, entered into a contract with the subcontractor, and paid a total of KRW 1,371,266,000 from March 21, 201 to February 20, 2013, as shown in the attached Tables 1 and 2.

Defendant B acquired 57,925,500 won in total by means of receiving a refund from the subcontractor as shown in the attached Table 1, 2, of the difference between the actual construction cost paid by the Plaintiff to the subcontractor and the actual construction cost.

C. Defendant B entered into a contract with “F” in the attached Tables 1 and 2 (the Plaintiff is mixed with G and F, but the business registration certificate includes “F”).

On April 9, 2015, the Seoul Southern District Court convicted Defendant B of a suspended sentence of three years on the charge that he/she forged a quotation in the same way as the same, and acquired the construction cost of KRW 283,521,00 by using a forged quotation, and that he/she acquired the payment of the construction cost of KRW 283,521,00.

On the other hand, Defendant B shall be KRW 174 million on February 13, 2015, and the same year

2. The Plaintiff deposited the total sum of KRW 250 million on 17.7.6 million as the principal deposit, and the Plaintiff received the said deposit.

[Reasons for Recognition] The facts without dispute, Gap 1 through 22, each entry (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. A claim against the defendant B

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