손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 92,725,054 and the interest rate of KRW 15% per annum from December 20, 2016 to the date of full payment.
1. The plaintiff's assertion and the ground of claim
A. The plaintiff's assertion around July 2010 entered into a service contract for the entrusted operation of the gas station with the plaintiff and operated the gas station directly by April 18, 2016. The defendant was the defendant who embezzled the total amount of KRW 188,676,824, including sales proceeds of oil owned by the plaintiff during the period of operation of the gas station at an investigative agency. The plaintiff claimed the above KRW 188,676,824 as part of the defendant's claim due to tort damages.
However, since the Defendant paid only KRW 95,951,770 out of the above KRW 188,676,824 to the Plaintiff, the Defendant is obligated to pay the remainder of KRW 92,725,054 to the Plaintiff (=188,676,824 - KRW 95,951,770) and damages for delay.
B. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1 and 2, the plaintiff entered into a contract for the entrusted operation of the plaintiff's oil station (trade name: C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S.
According to the above facts of recognition, the defendant, as requested by the plaintiff, deducted the above KRW 95,951,770 from the above KRW 188,676,824 as compensation for damages caused by the tort and deducted the above KRW 95,951,70 from the remaining amount of embezzlement 92.