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Defendant B’s KRW 10,00,000 and annual interest thereon from February 22, 2020 to December 9, 2020, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is mainly engaged in the business of printing, advertising planning, reproduction, and production of copies of promotional products, publishing, etc., and the design, printing, and publishing of teaching materials, promotional products, etc. mainly against government offices, educational institutes, etc., and Defendant B served as the Plaintiff’s managing director from August 23, 2017 to January 23, 2020.
B. Defendant C is the spouse of Defendant B.
around May 7, 2019, Defendant B registered as a personal business entity of “D” in the name of Defendant C in the name of Defendant C, and sold approximately KRW 400 million to the private teaching institutes, etc. by January 22, 2020.
[Grounds for Recognition] Unsatisfy, Gap 1 through 9, and 13 through 19, the tax information reply results of Samsung tax secretary, E Bank's financial transaction information reply results, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. (1) According to Articles 15 and 17 of the Commercial Act, an employee (an employee who has a partial comprehensive power of attorney) who has been entrusted with a specific type of business shall not engage in a transaction belonging to a category of business for himself/herself or on the account of a third party, without a business owner’s permission. (2) In full view of the overall purport of the pleadings, the entire purport of the pleadings is as follows: (a) Defendant B may be recognized to have been entrusted with the authority to conclude a contract for the business of the Plaintiff’s managing director and to receive payment for the business against government offices, private teaching institutes, etc. while working as the Plaintiff’s managing director
(1) Defendant B asserted to the effect that Defendant B was not delegated with the business and was in charge of the business of collecting money. However, in light of the monthly salary received by Defendant B and the Defendant B’s statement stated in Defendant B’s evidence No. 14, the above facts can be fully acknowledged). The trade name is “D” registered in the name of his spouse from May 7, 2019 to January 22, 2020, when Defendant B served as the Plaintiff’s managing director.