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1. The Defendant’s KRW 399,776,369 as well as the Plaintiff’s KRW 20% per annum from June 18, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. From December 28, 2010 to December 10, 2014, the Defendant served as the head of the Plaintiff’s management department, while making business registration with the Plaintiff’s trade name as C after being provided with part of the Plaintiff’s place of business on April 1, 2011 to boost inventory goods, etc. generated during the Plaintiff’s business process, and sold them to others.
B. From May 30, 201 to January 7, 2015, the Plaintiff supplied the Defendant with inventory goods equivalent to KRW 1,064,032,270, and received KRW 664,255,901 from the Defendant, and was appropriated in the Customer Director (the Customer Director of the instant case; hereinafter referred to as the “Transaction Director”) between the Plaintiff and the Defendant. As a result, it was calculated that the goods amounting to KRW 399,76,369 (hereinafter referred to as “the goods amount”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. The Defendant, barring special circumstances, is obligated to pay to the Plaintiff the amount of KRW 399,776,369 of the instant goods and the amount calculated by applying 20% per annum from June 18, 2015 to September 30, 2015, which is the day following the delivery date of the duplicate of the instant complaint, and 15% per annum from the next day to the day of full payment.
【The provision on statutory interest rate under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553) that reduces the statutory interest rate from 20% per annum to 15% per annum was enforced on October 1, 2015, and thus, the Plaintiff’s claim for damages for delay exceeding the above recognition scope is without merit.”
The defendant's defense of this case paid 440,120,500 won exceeding the price of the goods of this case to the plaintiff in addition to 664,255,901 won already paid to the plaintiff. However, the plaintiff made up of the Customer Director of this case.