위탁판매대금
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of payment under paragraph (2) is revoked.
2.
1.Recognition
A. The Plaintiff owned the volume of 45,000 square meters prior to C’s location in Sju-si.
Around 2012, the Plaintiff leased KRW 240 million among the above land to the Defendant at annual rent of KRW 30 million, and received KRW 20 million from the Defendant on October 31, 2012 and KRW 10 million on December 6, 2012.
Even after the Plaintiff leased land to the Defendant under the same conditions.
B. Of the above land, the Plaintiff cultivated the meat on the remaining land except for the portion leased to the Defendant and entrusted sales to the Defendant (the Defendant also performed the business of cultivating and selling the meat on the land leased from the Plaintiff), and the Defendant traded by paying the sales proceeds of the scrap horse to the Plaintiff.
C. Around December 2014, the Plaintiff and the Defendant: (a) drafted a statement of accounts stating that “The Defendant shall settle the amount of KRW 1222,00,000,000,000,000 land rent of KRW 30,000,000,000 that was entrusted with sale by the Plaintiff; (b) shall be paid to the Plaintiff by the end of August 2015; and (c) if it is impossible to pay, the Defendant shall deliver the 225 Empics owned by the Defendant.”
On March 15, 2017, the Defendant: (a) each letter stating to the Plaintiff on March 15, 2017 that “The foregoing amount shall be KRW 150 million until December 31, 2017, and shall be repaid in 15 million as of the end of each year until December 31, 2017; (b) no interest exists; and (c) shall be repaid in full by the end of 2026 the principal amount shall be repaid in 150 million until the end of 2026; (d) although each letter stating as of the end of 2028 the date of the final payment, if the final payment is made in installments in 15 million won from the year 2017, the date of the final payment is the end of 2026, and thus the date of the final payment specified in each letter appears to be a clerical error in the year 2028.
E. The defendant does not pay the money under the above letter to the plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 3, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts of recognition, the defendant is obligated to pay the money under the above letter to the plaintiff.