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1. The Defendants jointly share KRW 120,000,000 with respect thereto to the Plaintiff and the period from October 27, 2016 to November 30, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a person operating a gas filling station with the trade name of “DB”, and the Defendants are operating a gas filling station with the trade name of “E”.
B. From around 2007, the Plaintiff continued to supply LPG gas to the Defendants. The Defendants paid the amount to the Plaintiff on a monthly basis, and F, which was in charge of the business of collecting money from the Defendants as the Plaintiff’s employee, had the Defendants prepared a deposit slip in the name of the Plaintiff.
C. Meanwhile, Defendant B filed a claim for damages against the Plaintiff and F as Incheon District Court Decision 2015No214805, supra, arguing that “F shall be liable for damages against E, on the ground that it did not deposit the gas price from E in its own account, and obtained the money by arbitrarily preparing the Plaintiff’s deposit slip in the Plaintiff’s name, thereby taking the above money into account.”
On April 29, 2015, Defendant B withdrawn the lawsuit against the Plaintiff, and the part against F was sentenced to a favorable judgment by service by public notice on September 3, 2015.
In this regard, F has filed an appeal for the late appeal by the Seoul High Court(Seoul High Court 2016Na2037394).
As of January 31, 2015, the remaining amount of claims against the Plaintiff’s “E” is indicated as KRW 153,129,862 as of January 31, 2015.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, 9, 11, 13, and 15, the witness F's testimony and the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion G is the husband of Defendant B and the actual operator of “E”, and G is to prepare and deliver a deposit slip in the name of the Plaintiff to use the money for the inside of “E” while investing the money of “E” in the individual business. Accordingly, F is to G.