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Defendant C shall pay 63,58,31 won to the Plaintiff and 12% per annum from March 10, 2020 to the day of complete payment.
Reasons
1. Summary of the plaintiff's assertion
A. On July 5, 2019, the Defendants, around July 5, 2019, issued a letter of credit to the Plaintiff under the name of the Plaintiff Company E operated by the Plaintiff, and immediately paid the original amount after importing the prime unit.
However, Defendant C, as bad credit holders, had the intent or ability to pay the original amount even if the Defendants received the L/C from the Plaintiff, but did not have the intent or ability to pay the said amount. As such, Defendant C, by deceiving the Plaintiff, opened a L/C, which imported the original amount under the name of the Plaintiff E, and received the original amount, but the Defendants did not pay the price, thereby paying the said amount of the L/C amount equivalent to KRW 63,558,31, around October 29, 2019.
Therefore, the Defendants are liable to compensate for damages arising from such tort, and even if Defendant B is not recognized as tort, they neglected the duty of supervision over Defendant C’s occupational act, and thus, they are liable to pay the Plaintiff KRW 63,558,331 as compensation for damages under Article 401 of the Commercial Act.
B. Preliminaryly considering the Defendants’ victim of the aforementioned tort as E, E is liable to pay the Plaintiff KRW 63,558,331 as the Defendants jointly and severally, since E transfers the Plaintiff’s damage claim based on the above tort that the said company had against the Defendants, and notified the Defendants of the transfer.
2. Determination
A. According to the evidence evidence Nos. 1 through 3, 6, 8, and 9 as to the primary cause of claim, Defendant B is the representative of Defendant D Co., Ltd.; Defendant C operates the above company; the Plaintiff operates E Co., Ltd. (hereinafter referred to as “Co., Ltd.”) in each of the above companies; Defendant C imports the original part of the letter of credit to the Plaintiff around July 5, 2019, if the Plaintiff opened the letter of credit to the Plaintiff under the name of E.