손해배상(기)
Defendant B shall pay to the Plaintiff KRW 56 million with 12% per annum from August 25, 2020 to the day of complete payment.
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 (including various numbers for claims against defendant B) as to the claims against the defendant Eul, the defendant Eul, through the defendant C in charge of the plaintiff's accounting affairs in the Mart operated on June 30, 2020, borrowed a total of KRW 64 million on the same day through the defendant C, and the plaintiff is the plaintiff to pay the remainder of KRW 8 million thereafter. Thus, the defendant Eul is liable to pay delayed damages calculated at the rate of 12% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from August 25, 2020 to the day of full payment, as requested by the plaintiff.
2. As to the claim against Defendant C, the Plaintiff asserts that, without the Plaintiff’s permission, Defendant C transferred KRW 32 million to Defendant B, while conducting accounting work at the D Eart operated by the Plaintiff, the transfer of KRW 10:48 on June 30, 2020 to Defendant B constitutes a tort of breach of trust (the principal claim) or a tort of breach of trust (the Plaintiff’s property without any legal ground) and that, as such, the Plaintiff’s profits are unjust profits that incur loss to the Plaintiff (the conjunctive claim) and thus, it should be compensated or returned (the conjunctive claim).
Although Defendant C was found to have remitted KRW 32 million to Defendant B on the job without the Plaintiff’s prior permission, according to the evidence No. 2, Defendant C did not clearly distinguish between KRW 32 million and KRW 32 million, which was transferred to Defendant B by phone to the Plaintiff on that day on that day, and that Defendant B demanded additional KRW 64 million, the evidence submitted by the Plaintiff alone is deemed to have been intentional or negligent in breach of trust with Defendant C.
There is insufficient evidence to recognize it, and there is no other evidence to acknowledge it, and the profits earned by Defendant C are returned to the plaintiff.