beta
Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 12,322,100 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from December 13, 2014 to January 29, 2016.
Reasons
1. Facts of recognition;
A. From July 11, 2014, the Defendant served as the director in charge of the Plaintiff’s production management, and was in charge of the Plaintiff’s original storage.
B. From August 18, 2014 to October 1, 2014, Nonparty C requested the Defendant to release the original unit owned by the Plaintiff to D. Upon C’s request, the Defendant released KRW 98,865,550 of the original unit owned by the Plaintiff as indicated in C’s shipment statement, as indicated in C, and C voluntarily consumed the original unit price without paying it to the Plaintiff.
[Attachment Table] Temporary amount of 18,752,80 won on August 18, 2014; KRW 11,646,950 on August 20, 2014; KRW 31,66,950 on August 27, 2014; KRW 510,500 on September 17, 2014; KRW 510,50 on September 17, 2014; KRW 500 on September 8, 2014; KRW 738,00 on September 17, 2014; KRW 738,00 on KRW 7.11,436,60 on September 23, 2014; KRW 58,50 on May 15, 2015; and
C. On October 19, 2014, the Defendant: (a) around October 19, 2014, prepared and submitted to the Plaintiff’s representative director via E, the Plaintiff’s employee, a letter of agreement, stating that “I would not hold the Plaintiff liable for civil or criminal liability upon completion of the compensation, to compensate the Plaintiff for the amount of KRW 100 million in certain parts of the Plaintiff, which is KRW 35,00,000,000, which is the result of the Plaintiff’s negligence.”
(hereinafter referred to as the “instant agreement”). [Ground of recognition] A without dispute, Gap evidence 3, 5, Eul evidence 3, the purport of the whole pleadings
2. Determination on the main claim
A. The plaintiff's assertion (i.e., the defendant is the chief of the division in charge of the plaintiff's delivery of the original body, and the defendant reported the original body to his superior on the original body, and received the order of delivery, and did not report to his superior officer, and caused damage to the plaintiff at will without reporting the original body, and 35,000,000 won shall be paid to the plaintiff in order to compensate for damages.