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(영문) 창원지방법원밀양지원 2019.04.24 2018가단12133

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff KRW 180,00,000 and the interest rate of KRW 15% per annum from August 7, 2018 to the date of full payment.

Reasons

1. Basic facts

A. A. Around May 2015, the Plaintiff: (a) purchased 200 million won of the Plaintiff’s money from Defendant B; and (b) paid profits from the difference arising from sales; and (c) entered into an agreement with the Plaintiff to have the remainder as Defendant B (hereinafter “instant agreement”).

B. On May 30, 2015, the lease contract for storage (hereinafter “instant contract”) was concluded on May 30, 2015, by deciding to lease the warehouse (hereinafter “instant warehouse”) from Defendant C Agricultural Partnership (hereinafter “Defendant Corporation”) to keep the two derivatives to be purchased pursuant to the instant agreement, and the Plaintiff is the lessee of the instant contract.

C. Defendant D is a director of the Defendant Corporation and the type of Defendant B.

Defendant B purchased a two-wave with the Plaintiff’s money and kept it in the warehouse of this case, and sold it.

E. On April 16, 2016, the Plaintiff demanded Defendant B to pay the proceeds under the instant agreement, and Defendant B drafted a cash custody certificate stating that “I promise to return KRW 250,000,000 from May 30, 2015 to the Plaintiff without molding it until June 30, 2016” (Evidence A 5; hereinafter “the instant cash custody certificate”).

F. By August 31, 2017, the Plaintiff received KRW 70 million from Defendant B, among the money promised in the instant cash custody certificate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and 5 evidence, entry of Eul evidence 1 to 3, and purport of whole pleading

2. According to the facts seen earlier prior to the determination on the claim against Defendant B, Defendant B’s payment of the unpaid amount of KRW 180 million out of the amount to be paid to the Plaintiff via the cash custody certificate of the instant case, as sought by the Plaintiff, and the following day after the instant complaint was served on Defendant B, as requested by the Plaintiff.