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1. As to the Plaintiff’s KRW 59,786,180 and KRW 25,00,00 among them, Defendant B’s year from April 1, 2018 to December 4, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is engaged in the mechanical parts processing business under the trade name of “D,” Defendant C is the actual representative of “E” (hereinafter “E”), and Defendant B was an employee of “E” and carried out business activities.
B. On March 23, 2018, Defendant B borrowed KRW 25,000,000 from the Plaintiff as of March 31, 2018, with the due date set as of March 31, 2018. Upon Defendant B’s request, the Plaintiff wired the said amount to Defendant C’s F Bank account.
C. On March 2018, the Plaintiff processed steel-fluor parts, such as PIPE-DJ22, equivalent to KRW 1,825,120, and supplied them to E.
The Plaintiff conspired with the Defendants.
Defendant B filed a complaint against the Defendants under suspicion of deceiving KRW 25,00,000 as stated in the subsection, and Defendant C was charged for fraud with the recognition of the above suspicion in the investigation agency, and Defendant C was subject to a disposition of influence of evidence (defluence of evidence).
【Ground of Recognition: The fact that there is no dispute between the Plaintiff and the Defendant B, and between the Plaintiff and the Defendant C: Each entry of Gap 1 through 5, Eul 6 and 7 (including virtual numbers), and the purport of the whole pleadings
2. Determination
A. According to the above facts found in the claim portion against Defendant B, Defendant B is obligated to pay the Plaintiff a loan of KRW 25,000,000 and damages for delay following the due date for payment.
Furthermore, the Plaintiff asserts that, if Defendant B lent the above amount, it would have ordered the parts processing amounting to KRW 100,000,000 per month from E in the future, it would have caused damages equivalent to KRW 34,786,180 in the cost of installing equipment by having the Plaintiff install the Otolss, etc. necessary for the parts processing, and the Defendant B did not dispute the above alleged facts.
Therefore, Defendant B’s total amounting to KRW 59,786,180 (=loan KRW 25,00,000,000) and KRW 25,00,000 from April 1, 2018, the following day following the due date for payment for the loan amounting to KRW 25,00,000 among the loan amounting to KRW 59,786,18.