손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In fact, the Plaintiff delegated C with the authority to purchase the DNA flag owned by the Defendant (hereinafter “instant flag”).
Accordingly, on December 1, 2011, the sales contract for the term of the instant term was concluded between the Defendant and the Plaintiff as KRW 358,000,000 (a contracting amount of KRW 36,000,000, KRW 322,000,000, value-added tax of KRW 35,80,000).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion is as follows, the Defendant committed a tort in collusion with C, and thereby, thereby causing damages to the Plaintiff. As a joint tortfeasor, the Defendant is liable to compensate the Plaintiff for the total sum of damages of KRW 29,500,000 as well as damages for delay as follows.
① The Plaintiff paid KRW 36,00,000 to C as the down payment of the instant sales contract. Since C conspired with the Defendant and paid KRW 30,000,000 as the down payment, the Defendant, a joint tortfeasor, is liable to compensate the Plaintiff for damages of KRW 6,00,000 in difference.
② The Plaintiff paid 323,50,000 won to C as the remainder. C in collusion with the Defendant and determined the remainder as KRW 322,00,000 at the time of the instant sales contract, and paid it to the Defendant. As such, the Defendant, who is a joint tortfeasor, is liable to compensate the Plaintiff for damages of KRW 1,50,000,000.
③ On December 28, 2011, the Defendant remitted KRW 12,000,00 to C, which, in collusion with C, the Defendant paid the difference to C after unfairly setting the mid-term payment of the instant period in collusion with C. As such, the Defendant, who is a joint tortfeasor, is liable to compensate the Plaintiff for damages of KRW 12,00,000.
④ In collusion with Defendant and C, without reflecting any defect in the mid-term season of this case, at least 10,000,000 won was set at least.