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1. The Defendant shall pay to the Plaintiff KRW 43,20,000 as well as 20% per annum from May 24, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who engages in wholesale and retail business of fishery products under the trade name of “C Distribution.” The Defendant is a company engaged in freezing fishery products distribution business in Korea and engaged in transactions of fishery products with the Plaintiff. D is a person who has worked from November 2007 to August 201 in charge of sales business of fishery products and sales payment.
B. The Defendant sold frozen fishery products to the Plaintiff from August 2009 to August 2012 under the control of D. The Plaintiff deposited goods with the account of the Defendant, E, F, etc. at the request of D.
C. On August 9, 2012, the Plaintiff entered into a contract with the Defendant to purchase KRW 48 million in total at KRW 30,000,000 (hereinafter “instant sales contract”) and deposited KRW 48,00,000 in the F account on the same day. The Plaintiff was paid KRW 30,000,000 until that day.
D In the case of occupational embezzlement on December 5, 2013, Busan District Court Decision 2013 High Court Decision 2013Da1596, "D continued private transactions such as "D was convicted of one year of imprisonment with prison labor for the following facts: "A person in charge of the sales of fishery products and the payment of the purchase price of fishery products who is the victim, was connected to the defendant's purchase price and the sales price, was deposited into the personal account, and obtained personal income equivalent to the transaction profits, and was falsely reported to the defendant as the settlement name of the transaction accounts; and then embezzled KRW 86,728,00 from the defendant's corporate account to the D's corporate account."
D The appeal was dismissed on May 16, 2014 (the Busan District Court 2013No4222), but the above judgment became final and conclusive around that time.
E. The Plaintiff expressed his/her intent to cancel the instant sales contract due to the Defendant’s nonperformance in the instant lawsuit, and the preparatory documents dated May 22, 2014, stating the above declaration of intent, received by the Defendant on the same day.
ground for recognition: there is no dispute.