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1. The Defendants’ respective Plaintiff KRW 209,000,000 and the Defendants’ respective shares A from March 12, 2014 to September 2014.
Reasons
1. Indication of claim;
A. On December 18, 2013, the Plaintiff issued an order to Defendant A Co., Ltd. (hereinafter “Defendant Company”). The Defendant Company ordered 1.6T 1/1oz 10,000 Sturn to import and supply it to the Plaintiff from companies located in China, and the Defendant Company demanded 50% of the purchase price of KRW 29 million, out of the purchase price of KRW 2900,000,000, to pay the remainder as the down payment when the goods are loaded.
B. Accordingly, the Plaintiff’s contract deposit amount of KRW 14.5 million on February 20, 2014, and the same year
3. 12.12.10 million won was paid to the Defendant Company as the balance payment.
C. However, the Defendant Company arbitrarily uses the money paid by the Plaintiff in the existing transaction with the Nonparty Company as the repayment of the unpaid amount of the goods, and the price for the goods ordered by the Plaintiff is still not paid to the Nonparty Company.
Defendant Company, from the beginning, acquired the amount equivalent to the purchase price by making a false statement to the Plaintiff with the intention to use it to repay the unpaid price of goods to Nonparty Company. Meanwhile, Defendant B is a de facto operator of the Defendant Company, and Defendant C is a representative director on the registry of the Defendant Company, and the Defendants are liable to compensate for the Plaintiff’s damage caused by a joint tort by deception.
Therefore, the Defendants should pay damages for delay at the rate of KRW 29 million, which is equivalent to the purchase price, and 5% per annum from March 12, 2014, which is the date of the final occurrence of damages caused by the said tort, to the date of delivery of the copy of each complaint in this case, and 20% per annum from the next day to the date of full payment under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.
2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;