물품대금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. On October 28, 2016, the Defendant was convicted of six months of imprisonment with prison labor for a crime that stated that “A dump truck truck was supplied with natural seat equivalent to KRW 17,600,000,000 from the Plaintiff on February 16, 2013 by making a false statement to the Plaintiff despite the absence of an intent to pay the price even if the Plaintiff was supplied with natural seat,” and the said judgment became final and conclusive after the Defendant’s appeal (Tgu District Court 2016No128).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Determination
A. According to the above facts of the judgment on the cause of the claim, the defendant is obligated to pay 17,600,000 won and damages for delay to the plaintiff as compensation for damages caused by the above tort, barring any special circumstance, since the defendant deceivings the plaintiff and acquired natural rocks equivalent to KRW 17,60,000.
B. The Defendant asserts that, on October 12, 2016, the Plaintiff deposited KRW 10,000 as the depositee, and that, on January 23, 2017, the Plaintiff’s amount of damages was fully repaid.
On October 12, 2016, the Defendant deposited KRW 10,000,00 with the Plaintiff as the principal deposit, and around that time, the fact that the Plaintiff received the said deposit does not have any dispute between the parties, and thus, the amount equivalent to the said deposit should be deducted from the Plaintiff’s damages.
Therefore, the defendant's assertion of repayment is justified within the above scope of recognition.
However, the agreement submitted by the defendant was made between the plaintiff and C, not the plaintiff, and there is no evidence to prove that the remaining amount of damages against the plaintiff has been repaid. Thus, the defendant's assertion that the whole amount of damages have been repaid is without merit
C. In conclusion, the Defendant seeks to the Plaintiff KRW 7,600,000 calculated by deducting KRW 10,000,000 from the amount of damages suffered by the Plaintiff due to a tort in 17,60,000 = 17,60,000 - KRW 10,000,000, and the Plaintiff.