물품대금
1. The Defendant shall pay to the Plaintiff KRW 423,265,020 and the interest rate of KRW 15% per annum from December 23, 2016 to the date of full payment.
1. Indication of claim;
A. On April 29, 2004, the Defendant: (a) joined the Plaintiff Company and went away on November 20, 2010; and (b) embezzled company funds by issuing false tax invoices or preparing a false statement of transactions during the period of service; and (c) receiving goods payment from customers, thereby causing loss to the Plaintiff.
B. Meanwhile, the Defendant started personal business with the trade name “C” on November 23, 2010 after the Plaintiff retired from the Plaintiff Company, and engaged in the product brokerage business, such as crude stone, stone, and tools, and engaged in wholesale and retail business. From February 2011 to April 2013, the Defendant traded with the Plaintiff by purchasing and paying the Damond tools, etc., which the Plaintiff manufactured and sold.
C. In around 2012, the Plaintiff and the Defendant settled the above amount of damages and the amount of goods, and confirmed the amount of KRW 599,162,437 as of June 30, 2012.
Although the Defendant intended to repay part of the obligation to the Plaintiff, the unpaid balance of August 31, 2015 reached KRW 473,007,005 and failed to repay for one year. Upon demanding the Plaintiff to repay the obligation, the Defendant prepared and issued the repayment plan to the Plaintiff from July 9, 2017 to July 1, 200,000.
E. As the Plaintiff continues to perform his/her obligation, the Defendant’s additional repayment of KRW 49,741,985 on January 12, 2017; KRW 1,200,00 on January 20, 2017; and KRW 49,741,985 on January 25, 2017; and the amount of the unpaid obligation at present is KRW 423,265,020 on January 25, 2017.
F. Therefore, the Defendant is obligated to pay to the Plaintiff the above KRW 423,265,020 as well as damages for delay calculated at the rate of 15% per annum from the day following the delivery of the complaint to the day of full payment ( December 23, 2016) to the day of full payment.
2. Article 208 (3) 2, and Article 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on deemed as private capital);