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1. The Plaintiff:
A. On July 23, 2013, the Defendant Tourist Tour Co., Ltd.: KRW 13,160,143 and its amount.
Reasons
1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the respective entries and arguments set forth in Gap evidence Nos. 12 and 13 (including household numbers).
The Plaintiff operates a C gas station in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter referred to as “C gas station”), and the Defendants were supplied with oil at the Plaintiff’s C gas station.
B. D from May 2012 to December 2012, 2012, at the Plaintiff’s C gas station, served as the place of business in which the business operation and fund management of the said gas station were performed. D suggested that the said oil station be traded with the Defendants, and the Defendants began to be supplied with the oil at C gas station from May 2012.
C. However, by taking advantage of the business status of the place of business, D received oil payment from the Defendant Sljin Tourism Operator Co., Ltd. (hereinafter “Defendant Slick”) into the account in the name of an individual, and then remitted only a part of them to the Plaintiff’s account, and embezzled the remainder at will by arbitrarily consuming it.
2. The part concerning the claim for damages caused by the plaintiff's tort
A. The summary of the Plaintiff’s assertion was that when depositing the oil price into the account under the name of D personal, the Defendants knew or could have known of the embezzlement of D, but deposited the oil price into the personal account under the D’s request. The Defendants aiding and abetting the act of embezzlement of D’s oil price.
As a joint tortfeasor by aiding and abetting Article 760(3) of the Civil Act, asserting that as a joint tortfeasor under aiding and abetting Article 760(3) of the Civil Act, D is responsible for compensating for the total sum of damages equivalent to the amount of oil embezzled by D and the remaining amount of damages equivalent to the amount of oil not paid yet, and that Defendant Korea Tourist Tour Co., Ltd. (hereinafter referred to as “Defendant”) is liable for compensating for the total sum of damages equivalent to the amount of the amount of the oil paid.
B. First of all, D has paid to the Defendant.