매매대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Under the trade name of C, the Plaintiff sold a household, such as a chair, in online shopping mall, etc.
From around 2008 to February 29, 2016, the Defendant was the representative director of D Co., Ltd. (hereinafter referred to as “non-party company”).
[Grounds for recognition] The descriptions of Gap evidence Nos. 2, 47, and 48, and the purport of the whole pleadings
2. The plaintiff's assertion
A. On December 2014, the Plaintiff purchased the revenue amounting to KRW 41,460,320 from the non-party company according to the agreement with the non-party company.
B. The Plaintiff deposited KRW 7,028,385 out of the purchase price into the corporate account of the company, and KRW 3,763,565 did not receive interest or paid for reasons of refund, etc.
37,877,600 won, other than the above money, was remitted to the defendant's personal account where the representative director of the non-party company was the representative director.
C. The Defendant embezzled the money remitted to the Plaintiff on behalf of the non-party company for personal purposes, such as living expenses, entertainment expenses, etc. while in the course of its business.
The non-party company filed a lawsuit against the plaintiff for the payment of the subscription price.
The mediation was concluded because the plaintiff gave 12,000,000 won to the non-party company.
E. Ultimately, due to the Defendant’s embezzlement, the Plaintiff suffered damages from collection of KRW 14,355,471 from the Nonparty Company.
In addition, the plaintiff suffered mental damage through embezzlement by the defendant, and the amount of damage is KRW 7,00,000.
3. Determination
A. According to each of the statements in Gap evidence Nos. 47 to 49, the following facts are recognized:
1) On November 17, 2015, a non-party company filed a lawsuit against the Plaintiff seeking payment of KRW 20,000 for the interest amount not paid by the Seoul Central District Court 2015da6897461. On April 12, 2016, the conciliation was concluded that the Plaintiff paid KRW 12,00,000 to the non-party company. Meanwhile, on April 24, 2015, the Defendant collected KRW 1,281,70 for the purpose of the non-party company by collecting KRW 1,281,70 from the Plaintiff to the Plaintiff.