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The Plaintiff
A. Defendant B’s KRW 55,467,015 as well as 5% per annum from September 19, 2019 to November 27, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that runs the business of heading and selling, etc., and Defendant B joined the Plaintiff Company on September 14, 2015 and served as an employee belonging to the opening place of business on June 30, 2019.
B. On September 14, 2017, Defendant C, the mother of Defendant B, guaranteed the identity of Defendant B for two years between the Plaintiff and the Plaintiff, and concluded a contract for the fidelity guarantee to compensate the Plaintiff jointly and severally with Defendant B in the event that Defendant B, while in office, has inflicted damage on the Plaintiff on the grounds of his responsibility.
C. The Plaintiff’s employees, including retail stores and wholesale stores, directly input information on “ex-post items”, such as the type and quantity of products to be supplied to customers, including individuals and corporations, in the name of the business employees, and output the “ex-post statement” as stated. The store manager of the Plaintiff company confirms the shipment items stated in the specifications of the shipment, and then processes “ex-post approval.”
Business employees shall release the relevant products from the warehouse and move them to an individual customer after loading them on their own vehicles.
If a business member sells goods at a price designated by the Plaintiff to the customer and receives sales proceeds from the customer in cash, he/she shall immediately deposit the sales proceeds to the Plaintiff, and if a transaction is conducted on credit, he/she shall record the date, amount collected, the balance of outstanding amounts, etc. and then obtain confirmation from the business owner of each customer, the sales details are automatically transmitted to the computer of the Plaintiff company.
The plaintiff is performing the work by managing the sales performance and the accounts receivable of the business members through such computer recording.
Defendant B sold the Plaintiff Company’s product at a lower price than the price determined by the Plaintiff Company at will, and in order to conceal this fact, the difference between the designation price of the Plaintiff Company and the actual selling price is computerized.