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1. The Defendant’s KRW 141,338,70 for the Plaintiff and KRW 5% per annum from May 26, 2018 to August 13, 2019.
Reasons
1. Occurrence of liability for damages;
A. On June 20, 2009, the Plaintiff acquired the right as a 100 million won from the Defendant’s owner of D Cargo Vehicles (Korean 5 tonesk Freight Truck) owned by the Defendant from the Defendant Co., Ltd. as the land owner in the amount of KRW 100 million, and E Co., Ltd. as the land owner’s right as to G Freight Vehicles (new 4.5 tones Freight Trucks) entered in the name of F in the name of E Co., Ltd. in the amount of KRW 95 million. 2) The Defendant, as the operator of C Co., Ltd., acquired from the Defendant as the owner of C Co., Ltd., the Plaintiff transferred not only D Cargo Vehicles, which the Plaintiff moved into the Defendant’s managing company from E Co., Ltd., as well as D Freight Trucks that the Plaintiff moved from E Co., Ltd., to the Defendant’s managing company, agreed not only for the Plaintiff’s managing and operating of the freight but also for the Plaintiff’s management of the said freight.
3) Proceeds from the management and operation of the above cargo vehicles were settled monthly from January 9, 2012 to be paid from January 9, 2012. Around March 2, 2012, the payment was suspended on the ground that there was no profits since the payment was made in KRW 3 million around June 19, 2012. 4) As a result of the Plaintiff’s criminal complaint filed against the Defendant, the Defendant was a person who manages the management and operation affairs for the Plaintiff, who is the owner of the above cargo, and was in violation of the Plaintiff’s duty to dispose of the Plaintiff’s right as the owner of the cargo of KRW 75 million on November 19, 201, and was sentenced to imprisonment with prison labor for the Plaintiff’s right as the owner of the cargo of KRW 73 million on June 2, 2018, thereby causing losses to the Plaintiff under the judgment of the Gwangju District Court.
(This judgment became final and conclusive on May 25, 2018 by the same court of appeal 2018No254. [Grounds for recognition] No. 1-2 and No. 2-1, 2-2.