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1. The Defendants jointly share KRW 58,00,000 with respect to the Plaintiff and KRW 15% per annum from January 9, 2015 to the date of full payment.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff purchased D buses owned by the Defendant Company (hereinafter “instant buses”) at KRW 53 million between May 2009 and Defendant B, the representative director of Defendant Company C (hereinafter “Defendant Company”).
With respect to the method of paying and transferring the ownership of the bus of this case, the Plaintiff and Defendant B first deducted the monthly payment of 1,716,945 won of the bus of this case (36,05,845 won) and various expenses from the monthly income from the monthly income from the bus of this case, and then, if the remaining income does not exceed 2,00,000 won per month, the Plaintiff acquired it, and if the remaining income exceeds 2,00,000 won per month, the Plaintiff acquired the excess amount of 2,00,000 won, and the excess amount of 16,944,155 won (5,000 won) of the remaining sales amount of the bus of this case (36,055,845 won, hereinafter referred to as "delivery amount"), and the Plaintiff expressed this amount of 36,05,845 won, and expressed the amount acquired by the Plaintiff per month as "settlement profits."
In the above manner, if the purchase price of the bus of this case is fully paid, Defendant B delivered the bus of this case to the Plaintiff and transferred its ownership.
However, even if Defendant B received full payment of the purchase price of the instant bus, it did not intend to deliver the instant bus or transfer its ownership, but entered into the said contract with the Plaintiff. Accordingly, from May 2009 to May 2012, the Plaintiff paid all of the purchase price of the instant bus as indicated in the attached Table. Meanwhile, Defendant B did not receive part of the settlement revenue from Defendant B.
Therefore, Defendant B and its representative director are jointly liable to compensate the Plaintiff for damages arising from the tort as above and to pay the unpaid settlement proceeds.
B. The Defendants’ assertion by the Defendants are the Plaintiff.