beta
Text
1. The defendant shall pay 310,700,000 won to the plaintiff and 20% per annum from December 9, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that runs the construction waste collection and transportation business, and the Defendant served as the representative director from September 20, 2007 to October 9, 2008 and from November 22, 2008 to January 2, 2009.
B. The Plaintiff Co., Ltd. (hereinafter “C”) paid KRW 69.2 million to November 2008. The Defendant, as the representative director of the Plaintiff, issued to C four copies of electronic bills [the face value 134.6 million won (bill No. D), face value 134.6 million won (bill No. 9), face value 200 million won (bill No. 134.6 million won), face value 48 million won (bill No. 78, hereinafter “each bill of this case”) at each of the following dates: the Defendant, as the representative director of the Plaintiff, issued each of the bills of this case: each of the bills of this case from October 10 to December 22, 2008.
C. Of each of the bills of this case issued by the Defendant as the representative director of the Plaintiff, KRW 69.2 million was paid as the transport cost of the Plaintiff’s C on November 2008, but the remainder of KRW 448 million out of each of the bills of this case was paid by the Defendant through C’s representative director H, and transferred it to I directly or through H to the Plaintiff’s actual owner.
On the other hand, the defendant, while holding office as the representative director of the plaintiff, has not returned the amount of KRW 50,000 on November 25, 2008, KRW 500,000 on the 28th of the same month, KRW 200,000 on the 29th of the same month, KRW 10,000 on December 1, 2008, KRW 5,000 on the 10th of the same month, KRW 20,000 on the 19th of the same month, and KRW 18,20,000 on the 19th of the same month (hereinafter "the provisional payment").
E. The Plaintiff asserted that the Defendant incurred losses equivalent to the above amount to the Plaintiff by arbitrarily using the provisional payment of KRW 48 million among the respective bills of this case, and filed a lawsuit against the Defendant, stating that part of the claim is a claim, demanding the Defendant to pay KRW 155,500,000 out of the above amount as compensation for damages, and delay damages therefor. The Plaintiff filed a lawsuit against the Defendant on September 23, 2014.