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1. The Defendant shall pay to the Plaintiff KRW 22,417,100 and the interest rate of KRW 15% per annum from October 15, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. The plaintiff is a corporation that operates a used car sales business, etc., and the defendant is a person who is affiliated with the plaintiff and was a used car dealer.
B. The Defendant’s illegal act related to the Defendant’s used cars sale as to the Defendant’s used cars sale as to the Defendant’s used cars against the Plaintiff A (hereinafter “instant vehicle”) against the transferor on December 10, 2012, as Plaintiff A.
) A contract to sell in KRW 39,100,000 for sale (hereinafter “instant contract”).
(2) On December 18, 2012, the Defendant concluded a contract and received the said money from B by December 18, 2012. However, the instant vehicle was leased vehicles owned by Aju Capital Co., Ltd., but the Defendant failed to pay the sales amount as above in installments, and eventually, the Defendant sustained damages equivalent to the said sales amount due to the Plaintiff’s failure to obtain ownership transfer of the instant vehicle.
3) Therefore, B filed a lawsuit against the Defendant and the Plaintiff for damages as Seoul Eastern District Court Decision 2013Kadan35765, and on September 30, 2014, the above court rendered a judgment that the Defendant paid the Defendant the above KRW 39,100,000 as damages based on the tort, and the damages for its delay. However, the Plaintiff rejected the Plaintiff’s assertion on the premise that the Defendant had concluded the instant sales contract with B at will without the Plaintiff’s permission, on the premise of the fact-finding that the Defendant had concluded the instant sales contract with B as the Plaintiff’s agent, but ordered the Defendant as the Defendant’s employer to pay KRW 19,550,000 among the above KRW 39,100,000 as the Defendant and the Plaintiff’s employer, and thereafter, the said judgment became final and conclusive thereafter, the Plaintiff agreed to pay KRW 10,000,000 to B on November 10, 2014.
5. On the other hand, the plaintiff is to respond to the above lawsuit related to the defendant's illegal acts.