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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 389,620,00 as well as the interest rate from April 23, 2013 to the day of full payment.
Reasons
1. Basic facts
A. The plaintiff is a company whose main business is trade in clothes and miscellaneous raw materials, and sales. The defendant company is a company that manufactures, processes, sells, exports, and imports food, and the defendant B is the auditor of the defendant company.
B. On March 15, 2011, the Plaintiff deposited USD 260,000,000 in the account of the Defendant Company’s City Bank (C) and USD 90,000 in the sum of USD 350,000 in the above account on June 28, 2011.
C. On July 8, 2012, the Defendant Company agreed to pay USD 350,000 to the Plaintiff each month from September 2012.
[Ground of recognition] Facts without dispute, Gap's entries, Gap's evidence Nos. 1, 2, 3, 8, 11, 12, 13, 14, and 15 (including additional numbers), the purport of the whole pleadings
2. The plaintiff's assertion
A. As to the primary cause of the claim, D, the representative director of the Defendant Company, would use the grain purchase and tender to the Plaintiff, and the Plaintiff believed this and remitted USD 350,000 in total to the Defendant Company’s account.
The Defendant Company used the above money transferred as above at will to pay 200 million won to the Young Machinery Co., Ltd. without using it for the purchase and bidding of grain.
This is the act of deceiving the plaintiff and deceiving 350,000 US dollars, and the defendant company is obligated to compensate the plaintiff for US$ 350,000 as tort liability.
On the other hand, as the auditor of the defendant company, the defendant B is jointly and severally liable for the above damages.
B. As to the conjunctive claim, the Defendant Company received 350,00 U.S. dollars in total from the Plaintiff, and prepared a letter of performance to the Plaintiff on July 8, 2012, stating that 350,000 U.S. dollars shall be repaid. As such, the Defendant Company is obligated to pay 350,000 U.S. dollars to the Plaintiff.
3. Judgment as to the primary cause of claim
A. On March 15, 201, the Plaintiff filed a claim against the Defendant Company.