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1. 6,769,00 won deposited by Suwon District Court No. 2820 for the year 2015, March 20, 2015.
Reasons
1. Evidence 【Evidence】1, A2, A3, A4-1, 2, A5, B-1, B-2, 3, B-8, 11, and the purport of the whole pleadings;
A. From the second half of 2013, the Defendant supplied leather products in the name of “A” and received the price for goods from “A” from “A”.
B. Around July 2014, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”)’s representative D, the former representative E, and the Defendant concluded a partnership agreement to establish a corporation aimed at producing leather products, and on August 27, 2014 under the said agreement, the Plaintiff was established on August 27, 2014.
C. The Defendant transferred all revenues and expenditures arising from the transactional relationship that has been created individually to the Plaintiff’s corporate account, and paid KRW 10 million to the Plaintiff’s corporate account.
around September 2014, the Defendant demanded C to deposit the sales proceeds of leather-related products into the Plaintiff’s corporate account and request C to change them. Since September 2014, the Plaintiff supplied the bamboo products to C and issued the tax invoice under the Plaintiff’s name, and C deposited the price of the goods into the Plaintiff’s corporate account.
E. Around November 2014, the Defendant demanded C to pay the price for the goods to the Defendant’s personal account. On December 18, 2014, C deposited KRW 6,769,000, which is a part of the sales price of the household goods, into the Defendant’s personal account.
F. On June 17, 2015, the Plaintiff filed a complaint with the Defendant as an occupational embezzlement, and the Defendant received a summary order of KRW 700,000 as a fine due to occupational embezzlement, and the said summary order became final and conclusive around that time.
G. Upon protesting against D’s payment of the goods to the Defendant, C requested resolution to the representative E at the time, and E, on January 5, 2015, set up and submitted to C a written consent recognizing that the Defendant received KRW 6,769,000 from C as the Plaintiff received.
H. On January 12, 20105, the Defendant returned KRW 6,769,00 to C in order to rectify the situation in which C was subjected to D’s claim.
I. C is justified in the price of goods between the Plaintiff and the Defendant on March 20, 2015.