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1. The Defendant’s KRW 64,63,507 as well as the Plaintiff’s KRW 5% per annum from March 21, 2019 to September 10, 2019.
Reasons
1. Facts of recognition;
A. (1) On December 11, 2012, the Defendant issued an order to Nonparty C Co., Ltd. (hereinafter “C”) to KRW 15.130 tons (hereinafter “instant cargo”), which is the raw material of the contact landing (hereinafter “instant cargo”), to the company manufacturing and selling the industrial diversing agents, and C requested Nonparty D Co., Ltd. (hereinafter “D”) to transport the instant cargo to F.
(2) On December 12, 2012, G operated the Plaintiff’s vehicle with F’s instruction and transported the instant cargo to the Defendant. The Defendant demanded G to subdivide the said cargo. G caused an accident where VAM, which is a dangerous substance, to occur during the subdivision work with the Defendant’s employees (hereinafter “instant accident”).
B. (1) On May 31, 2017, the judgment of the court of first instance rendered a judgment that “the Defendant shall jointly pay to the Plaintiff KRW 234,058,325 against the Plaintiff, Defendant C, F, and G, as well as damages incurred therefrom, the amount of KRW 200,000,000 among the said money, and damages incurred therefrom (i.e., 15% per annum from April 2, 2015 to the date of full payment)” on the following grounds: (a) the Defendant filed a lawsuit claiming damages due to the instant accident against C, F, G, D, and the Plaintiff; and (b) the judgment rendered on May 31, 2017:
(B) In the pleadings of the second instance court, the Defendants C, F, G, and D, which were appealed by the Defendants in the judgment of the first instance court, set off the damages incurred by G to automatically claim KRW 90,00,00,00 from the total amount of the Plaintiff’s vehicle, and the amount of KRW 74,579,160 out of the aforementioned defense. The Defendants C, F, G, and D in the judgment of the first instance on November 7, 2018 jointly agreed with the Plaintiff at KRW 159,479,165 and the damages for delay thereof (the amount exceeding 5% per annum from April 2, 2015 to November 7, 2018 to November 15, 2018).