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(영문) 서울중앙지방법원 2016.01.15 2013가합1711
손해배상 등
Text

1. Defendant E’s KRW 11,956,00 for the Plaintiffs and 5% per annum from July 22, 2012 to January 15, 2016.

Reasons

1. Basic facts

A. The parties 1) The Plaintiffs are J Amusement tavern located in Gangnam-gu Seoul Metropolitan Government I (hereinafter “First PY”)

) The Seocho-gu Seoul K entertainment tavern(hereinafter referred to as “second-class entertainment bars”) located in K, Seocho-gu Seoul.

2) L Co., Ltd. (hereinafter “L”) is a company that supplies alcoholic beverages on the first and second main points, and Defendant H is a managing director of L.

3) Defendant E, as L’s staff, was in charge of the entry and departure of alcoholic beverages from around July 2008 to the first week and the management of main points. Defendant E, from July 18, 201 to July 21, 201, retired from L to July 201, as a manager at the second week’s office from July 201 to July 21, 201. Defendant F is Defendant E’s wife.

5) Defendant G served as a manager or office at the first week from the end of August 2008 to June 201. (b) Defendant A was convicted of a criminal charge that “Defendant A received alcoholic beverages from Plaintiff A and B on his/her behalf from August 9, 201 to July 20, 2012 and entered a false quantity as if he/she were supplied with beer in the second week’s liquor book, and then, he/she demanded the Plaintiffs to deliver alcoholic beverages to L on the basis of the relevant book and received the beer amount in total 26 times in the manner of excessive payment of alcoholic beverages from the Plaintiffs (Seoul Western District Court Decision 2014Da2999 decided December 29, 201), and the said court rendered a judgment of conviction on December 16, 2014 (hereinafter referred to as “related judgment”).

(ii) [The facts without a dispute over the basis of recognition, entry B in the evidence Nos. 2 and 3, and the purport of the whole pleadings;

2. Summary of the plaintiffs' assertion

A. Defendant E received a remittance of KRW 2,275,747,98 from the Plaintiffs as liquor price from April 2008 to July 2012, 201, and paid only KRW 2,040,690,950 among them as liquor price, and acquired the remainder amount of KRW 235,057,048.

B. The acquisition of alcoholic beverages by Defendant E and H.

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