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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Basic facts
A. On January 2012, the Plaintiff operated “D gas station”, and asked E to purchase gasoline 20,000 liters, and E sent the Plaintiff’s order to B.
B. The Defendant, among others having experienced economic difficulties around that time, conspired with the Plaintiff to obtain the oil price from the said gasoline order and deceptioned the Plaintiff to supply 20,000 liters without delay when remitting the oil price to the F account of employees B through E.
C. Accordingly, the Plaintiff transferred the oil price of KRW 35,340,000 to the F account on January 9, 2012, and the Defendant and B deposited the said oil price with the F account.
B As the Plaintiff did not supply the foregoing gasoline, the Plaintiff filed a criminal complaint against B on the charge of fraud, and the facts constituting a crime by which the Defendant and B conspired with the Plaintiff during the investigation and acquired the oil price from the Plaintiff, and the Defendant was sentenced to imprisonment with prison labor for August 23, 2015 after being prosecuted by the Incheon District Court 2015No4305 and was sentenced to imprisonment with prison labor for not more than eight months.
Therefore, although the defendant appealed to the Incheon District Court 2016No142, the defendant was sentenced to two years of suspended sentence in August, and is currently pending in the final appeal.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 and 2, the purport of the whole pleadings
2. According to the above facts of determination, the defendant jointly with B, who is a joint tortfeasor, and calculated damages for delay calculated by 20% per annum from January 9, 2012, which is the date of service of a copy of the complaint of this case, to August 12, 2015, from January 9, 2012, which is the date of service of a copy of the complaint of this case, to August 12, 2015, and 20% per annum from the following day, and 15% per annum from the next day to the date of full payment (amended by the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until September 30, 205, and 15% per annum from the next day to October 1, 2015).