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(영문) 서울동부지방법원 2017.11.09 2016가합107699
손해배상(기)
Text

1. The plaintiff A corporation:

A. Defendant C and D jointly share KRW 638,118,41 and those related thereto from June 23, 2012.

Reasons

Facts of recognition

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff A”) is a company that operated a secondhand sales business, etc., and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) is a company that operated the said business after being transferred from Plaintiff A on July 1, 2012 to the middlehand sales business sector.

From September 1, 2009 to June 30, 2012, Defendant C served as the head of each middle and high-ranking business in Plaintiff A and from July 1, 2012 to January 2015.

From June 1, 2005 to December 31, 2009, Defendant D served as the director and the head of the headquarters of the business, and served as the above Plaintiff’s regular director from January 1, 2010 to May 1, 2012, respectively, and as the above Plaintiff’s representative director from May 1, 2012. From July 1, 2012 to December 9, 2014, Defendant D was also in charge of duties as the senior senior sales manager operated by Plaintiff B.

Defendant E served as the chief of the management department of Plaintiff E from around 2008 to December 2014.

From September 7, 2009 to June 22, 2012, Defendant C and D stored KRW 638,118,411 (hereinafter “first embezzlement”) out of the purchase price for the secondhand car of Plaintiff A, and from July 16, 2012 to November 19, 2014, Plaintiff C and C used KRW 794,180,910 (hereinafter “second embezzlement”) out of the purchase price for the secondhand car of Plaintiff B in the name of Defendant C at their own discretion, and Defendant C and E used the same at their own discretion, separate from each embezzlement. From September 3, 2009 to January 27, 2010, Defendant C and E used the same by means of the above embezzlement.

In relation to the vehicle lease agreement concluded between the Plaintiff A and Han Capital Co., Ltd. (hereinafter “I Capital”), Defendant E was obliged to prevent the said Plaintiff from imposing additional charges for I Capital as a sales employee fee due to the said Plaintiff’s failure to receive the sales employee fee from one Capital as the management director of the said Plaintiff.

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