편취금 등
1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 2,095,440 as well as the full payment from September 26, 2015.
1. Basic facts
A. On September 2009, the Plaintiff entered into an employment contract with the Defendant, and had the Defendant take charge of the Plaintiff’s textile raw material import in Vietnam.
B. Around that time, the Plaintiff and the Defendant agreed to purchase the instant vehicle (hereinafter “instant vehicle”) for the Defendant’s work in Vietnam, and the Plaintiff sold the instant vehicle at the time of termination of the employment contract and agreed to sell 85% of the price, and the remainder 15% of the price to be divided by the Defendant.
C. The Plaintiff and the Defendant terminated the above employment contract at the end of November, 2010.
[Ground of recognition] A without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 4 (including the number with each number), the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. In order to purchase the instant vehicle asserted by the Plaintiff, the Defendant remitted USD 19,866.84 in total to the Defendant. The Defendant did not receive the said money and instead acquired the purchase price of the instant vehicle by deceiving the Plaintiff as if it was a vehicle already purchased by the limited liability company C, the Defendant’s representative, and instead instead acquired the purchase price of the said vehicle. As such, the amount of damages suffered by the Plaintiff due to the Defendant’s deception (i.e., US$ 19,86.84 x exchange rate 1,188.20 x exchange rate 1,188.20 x less than KRW 21,510,339 (=23,605,779 - 2,905,440) and damages for delay, which the Plaintiff shall pay to the Defendant.
B. The judgment was examined, and the owner on the vehicle registration certificate of the instant vehicle is GINH TE Co., Ltd. (KINH TE) and the certificate of the sale of the instant vehicle was prepared on November 14, 2009 between tension and the limited liability company C. The representative of the limited liability company C is the Defendant, or there is no dispute between the parties.
On the other hand, however, Eul evidence Nos. 3, and B.