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1. Defendant B’s KRW 503,714,00 as well as 5% per annum from January 18, 2013 to February 1, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. Defendant B is the representative director of D Co., Ltd. (hereinafter “D”).
B. D has been continuously accumulated due to the aggravation of management from November 201, 201, and even if the oil was supplied by the oil wholesaler operator, there was no intent or ability to pay the price, and even if the oil was paid from the oil wholesaler operator, there was no intention or ability to supply the oil.
C. On January 16, 2013, Defendant B made a false statement to the Plaintiff’s representative F at the D office located in Gwangjin-gu Seoul Special Metropolitan City, stating that “if the oil price is first deposited, it will be supplied as much as the corresponding amount.” Defendant B received from the Plaintiff the amount of KRW 435,936,00 on the same day, and KRW 375,548,000 on the same day as the same day on January 17, 2013, transferred the amount of KRW 307,770,000 to the corporate bank account in the name of each D, and did not supply the Plaintiff with oil equivalent to KRW 503,714,00 at the market price, and did not supply the remainder of the market price of KRW 503,714,00.
(hereinafter “instant fraud”). D.
From Seoul High Court (2013No3731), Defendant B was convicted of the instant fraud, etc. on May 23, 2014, and was sentenced to six years of imprisonment, and Defendant B’s appeal (Supreme Court Decision 2014Do7246) was dismissed on September 4, 2014, and the said appellate judgment became final and conclusive.
[Ground for recognition] Defendant B: The fact that there is no dispute over Defendant C: The evidence No. 1, the evidence No. 2-1 through No. 4, the purport of the whole pleadings, and the purport of the whole pleadings.
2. According to the judgment on the claim against Defendant B (a judgment based on the Confession), the above basic facts can be acknowledged that Defendant B, by deceiving the Plaintiff, obtained money from the Plaintiff. As such, Defendant B is liable to compensate the Plaintiff for the damages incurred by the instant fraudulent act.
Therefore, Defendant B’s damages amounting to KRW 503,714,00 for tort damages = 811,484,000 for oil paid by Defendant B from the Plaintiff - Amounting to KRW 307,70 for oil supplied by Defendant B to the Plaintiff.