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1. Defendant B’s KRW 361,968,00 and interest rate of KRW 20% per annum from December 12, 2012 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a person who is engaged in the import used cars sales business, and the Defendant Hansung Automobile Co., Ltd. (hereinafter “Defendant Company”) sells the imported vehicle “benz” vehicle. Defendant B entered the Defendant Company around 2003 and served as the vice head from Defendant Company C until July 30, 2012.
B. Defendant B’s business method: (a) when the customer who intends to purchase a new vehicle requests to sell and request the existing vehicle, Defendant B was delegated with the authority of the customer to sell and sell the used vehicle; (b) consulted with the sales conditions such as the Plaintiff, etc. of the used vehicle, including the Plaintiff; and (c) transferred the used vehicle after receiving the payment from the used vehicle to the account designated by Defendant B; and (d) the customer received the payment from the used vehicle to the account designated by Defendant B; and (e) traded the remaining new vehicle by receiving the payment
From around 2008, the Plaintiff traded high-ranking vehicles with Defendant B in the same way as above.
C. The Plaintiff transferred money to Defendant B’s account as indicated below to Defendant B’s account or to Defendant B’s designated account.
(hereinafter referred to as “each of the instant transfers”). The amount of remittance (won) 1 2012-03-29 90,000,000 22012-04-13,000, 54,000 3 2012-04-17,800, 2000 3 2012-04-204-20 65,100,000 5 2012-04-27 33,40,400,000 6205 2012-273,40,400,05-105,000 95,000,007 20-173,000,000 805-10,000-10,000,000 / 10,009-40, 2001
D. In criminal cases against Defendant B, even though there was no intention or ability to deliver a new vehicle to the victims who want to purchase the new vehicle, Defendant B obtained a used vehicle from the victims as the purchase price for the new vehicle or the purchase price for the new vehicle, and acquired it by deception, and as if the Plaintiff did not have an intention or ability to sell the vehicle, he/she acquired it by deceptioning the money into a middle and high vehicle price.