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1. The Defendant’s KRW 1,791,656 as well as the Plaintiff’s annual rate from February 5, 2014 to May 23, 2014, and the following.
Reasons
1. Basic facts
A. A. On September 2012, when the Plaintiff was in office as the representative director, C&C had the Defendant use Done Star Co., Ltd. (hereinafter “instant vehicle”) owned by the partnership (hereinafter “instant vehicle”) and paid the instant vehicle to the Defendant for the instant vehicle against Hyundai Capital Co., Ltd after September 2012 (hereinafter “Nuri Capital”).
B. After doing so, the Defendant delayed the payment of the installment payment of the instant vehicle, and the Plaintiff, as a joint and several surety for the installment payment, paid KRW 1,106,467 on May 16, 2013 to Hyundai Capital; KRW 685,189 on June 17, 2013; KRW 1,791,656 on June 17, 2013.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination:
A. Plaintiff’s assertion 1) From April 2013 to April 2014, the Defendant unpaid KRW 8.710,000 for the instant vehicle payment from April 2013 to April 2014, and on August 14, 2013, an administrative fine of KRW 90,000 was not imposed even after the maturity of the instant vehicle’s liability insurance, and the Plaintiff did not purchase liability insurance. (2) On September 2012, 2012, the Plaintiff issued corporate seals and relevant documents to transfer the instant vehicle to the Defendant, but later the transfer of the corporation was nonexistent.
Nevertheless, the defendant did not return the corporate seal impression, etc. to the plaintiff. Accordingly, the plaintiff suffered 9.6 million won, including the loss of opportunity cost and mental damage.
3) Therefore, the Defendant is obligated to pay to the Plaintiff KRW 19.21 million (= KRW 8.71 million, KRW 9.6 million, and its delay damages).
B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the amount of indemnity, calculated at the rate of 1,791,656 won per annum from February 5, 2014 to May 23, 2014, the day following the delivery date of a copy of the complaint of this case, which is the day of this decision, and 20% per annum from the next day to the day of complete payment. However, the other plaintiff's assertion is without merit or is therefore without merit.