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1. The Defendant’s KRW 19,146,00 for the Plaintiff and 5% per annum from March 1, 2014 to September 26, 2014.
Reasons
1. The judgment on the cause of the claim may be accepted by the Plaintiff, a person engaged in manufacturing and wholesale and retail business of home appliances, etc. with the trade name of “C”, as a whole, by taking into account the following: (a) from January 2012 to June 2013, the Plaintiff supplied home appliances, such as refrigerating and freezing, to the Defendant from January 2013; and (b) the amount of goods not received from the Defendant up to 24,706,00 won, either there is no dispute between the parties, or the entire purport of the pleadings set forth in the evidence Nos. 1, 2, and 3 (including household numbers)
Therefore, barring special circumstances, the defendant should pay to the plaintiff 24,706,000 won as the price for the goods and damages for delay.
2. Judgment on the defendant's assertion
A. The Plaintiff, in collusion with D, who is an employee of the Defendant Company, was convicted of the Defendant Company by deceiving 5,560,000 won of the Defendant Company’s money by means of issuing a false tax invoice as if it was supplied, even though it did not actually deliver the Defendant Company’s products such as cooling, etc. to the Defendant Company’s customer. Although it was not revealed in the course of criminal investigation, the Plaintiff acquired KRW 14,140,00 in collusion with D by the same method as above.
On the other hand, D was convicted of 145,101,50 won or embezzlement of the money of the Defendant Company. In light of the fact that the Plaintiff maintained a very secret and close relationship with D, the Plaintiff appears to have been involved in the above crime of D. Thus, the Plaintiff is liable to compensate for the amount of KRW 145,101,50 as joint tort.
Therefore, the defendant has a damage claim equivalent to the above amount against the plaintiff. If the plaintiff's damage claim offsets against the plaintiff's damage claim for the above amount, the defendant does not have any money to be paid to the plaintiff. Therefore, the plaintiff's claim
B. Determination 1: Gap evidence 4-1, 2, 5-1 to 5, 6-1 to 5, 1-2, 3-1.