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(영문) 청주지방법원충주지원 2017.10.26 2017가단950
물품대금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 97,961,50 and the interest rate of KRW 15% per annum from April 26, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. A. Around September 2011, the Plaintiff: “Around September 2011, the Defendant provided that “A person would pay KRW 3,000,000 after one month if he/she lends money to the Defendant.” The Plaintiff lent KRW 3,000,000 to the Defendant (hereinafter “instant loan”).

B. The Defendant, while serving as an employee in the “C” operated by the Plaintiff, arbitrarily consumed KRW 26,773,00,000, including the sales proceeds, etc. of C from April 30, 2012 to May 31, 2013, and embezzled (hereinafter “instant embezzlement”) and incurred losses to the Plaintiff amounting to KRW 18,957,00 (the deducted amount of excess deposits).

C. From June 2013, the Defendant engaged in intermediate wholesale business selling goods after being supplied with net bags, etc., and the Plaintiff supplied net boxes, etc. to the Defendant from around this time to January 2015. The amount of goods that the Defendant did not pay is KRW 76,00,500 in total.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff a total of KRW 97,961,50 (= KRW 3,000,000, KRW 18,957,000, KRW 76,004,50) and damages for delay at the rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 26, 2017 to the date of full payment, which is obvious that the copy of the complaint of this case was served on the Defendant.

3. In conclusion, the plaintiff's claim against the defendant of this case against the defendant is justified, and it is so decided as per Disposition.

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