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1. The Plaintiff:
A. Defendant B shall pay KRW 64 million and a rate of 20% per annum from August 30, 2013 to the date of complete payment.
Reasons
1. Facts of recognition;
A. From March 2012, Defendant B entered into a sales contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”) to sell two truck vehicles (E vehicle, F vehicle, and F vehicle, KRW 31.5 million, KRW 32.5 million, and KRW 32.5 million, in the case of F vehicle, despite the Plaintiff’s intent or ability to deliver the vehicle to the Plaintiff even if the vehicle was paid the purchase price from the Plaintiff, Defendant B had no intent or capacity to deliver the vehicle to D. The Plaintiff’s employees to deliver the vehicle immediately at the time of the purchase price. The Plaintiff entered into the sales contract with the Plaintiff to sell the two truck vehicles (E vehicle, KRW 31.5 million, and KRW 32.5 million, in the case of F vehicle).
B. According to the statement No. 9-1 by “G” recorded in the name of Defendant B, as designated by Defendant B, the Plaintiff stated that Defendant B was paid money to the company bank account in the name of his own G in the investigative agency.
In the name of the account in the instant case, the down payment of KRW 6 million on the date of the instant contract, and KRW 64 million on July 22, 2013, the sales remaining amount of KRW 58 million was paid, but Defendant B did not deliver the instant vehicle to the Plaintiff.
C. Defendant B was indicted as a crime of fraud in the Suwon District Court’s Ansan branch due to the above act.
[Grounds for Recognition: Evidence Nos. 1 through 5-2, Evidence No. 4, Evidence Nos. 6-1, 5, 8 through 10, and the purport of the whole pleadings]
2. Judgment as to the main claim
A. According to the above facts of recognition as to the claim against Defendant B, Defendant B acquired the purchase price of the instant vehicle from the Plaintiff, and thus, Defendant B, as the party to the tort, obtained the purchase price from the Plaintiff, thereby promoting the lawsuit from August 30, 2013 to the date of complete payment, which is the day following the delivery of a copy of the instant complaint, as sought by the Plaintiff, as the party to the tort, to the Plaintiff.