물품대금반환 등
1. The Defendant’s KRW 10 million to the Plaintiff and the Plaintiff’s KRW 20% per annum from January 6, 2015 to September 30, 2015.
1. The facts following the facts of recognition may be found either in dispute between the parties or in combination with the statements set forth in Gap evidence 1 to 7 (including the branch numbers if any) and the testimony set forth in the witness B and C as a whole.
The plaintiff is a company with the purpose of high-railroad retail business, etc., and the defendant is a business operator of the private business chain D as a business operator of the above D, who is the actual operator of the above D.
B. Around April 2013, the Plaintiff entered into a contract with B to be supplied with scrap metal of 1,500 tons per month from B.
C. According to the above contract, the Plaintiff paid B the contract deposit amount of KRW 150 million to B, around April 10, 2013, and paid KRW 150 million to B with the advance payment for the scrap metal around May 3, 2013, KRW 150 million around May 24, 2013, KRW 150 million around May 24, 2013, and KRW 150 million around June 5, 2013, and KRW 150 million between B and the Plaintiff continued to engage in the scrap metal transaction between B and the Plaintiff by supplying the scrap metal to the Plaintiff.
However, there was no proper supply of scrap metal equivalent to the above advance payment. On April 2014, the Plaintiff and B concluded the contract deposit and the advance payment of scrap metal to be returned to the Plaintiff by settling the transaction of scrap metal during the said period and concluded the scrap metal transaction at KRW 385,960,370 in total.
E. On the other hand, around February 2014, the Defendant drafted a letter of commitment (Evidence No. 5) that the Plaintiff is liable for all obligations arising from the scrap metal transaction between the Plaintiff and B (Evidence No. 5).
2. Determination
A. According to the above facts of determination as to the cause of the claim, according to the above letter of commitment, the Defendant’s legal interest rate of KRW 100 million as part of the above settlement amount pursuant to Article 3(1) main text of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 2(2) of the Addenda thereto, and Article 3(1) main text of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 2(2) of the former Act on Special Cases Concerning Legal Proceedings, Etc., and Article 3(1) main text of the former Act on Special Cases Concern