손해배상(기)
1. Defendant B shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from May 31, 2018 to the date of full payment.
1. Basic facts
A. From March 2013, the Korean hotel LAWS Co., Ltd. (hereinafter “Korea LAS”) operating a business distributing agricultural and fishery products (hereinafter “Korea LAS”) requested the purchase of the agricultural products D from around March 2013 to D Co., Ltd. (hereinafter “D”), for the agricultural products that were requested to be purchased on behalf of the purchasing agency, and for Chinese currency has been traded in the manner of paying the agricultural products to the purchasing agency after obtaining a certificate of entry from the warehouse that the agricultural products are stored in the relevant agricultural products.
B. On July 29, 2013, D requested for the purchase of a 340,000 km owned by the Plaintiff E Co., Ltd. (hereinafter “E”) in custody in the Plaintiff’s warehouse at KRW 28,50,050,000,000, and the Republic of Korea ordered E to make a double wave.
C. Defendant B, the representative director of the E, submitted a false certificate of warehousing prepared in the Plaintiff’s name (hereinafter “certificate of warehousing”) around August 2013, 2013, with the purport that “Y 340,000 kilograms are kept.” Defendant B, the Plaintiff’s warehouse, submitted a false certificate of warehousing prepared in the Plaintiff’s name (hereinafter “certificate of warehousing”) and paid KRW 280,50,050,000 to E on August 5, 2013.
On September 27, 2013, the Republic of Korea filed a complaint on September 27, 2013 against Defendant B and D’s in-house director F, etc. with the knowledge that the certificate of confirmation of this case was false.
E. On November 13, 2013, the Plaintiff: (a) drafted a letter of undertaking to the effect that “if the Plaintiff did not repay the obligation of KRW 560,500,000 (the amount agreed upon by the Defendant B, etc. as set forth below) to Korea, the Plaintiff would pay KRW 32,50,000,000,000, which is part of the obligation (hereinafter “the Plaintiff’s undertaking”); and (b) on the same day, the Defendant B drafted a letter of undertaking to the Plaintiff that “if the Plaintiff subrogated to Korea, it would pay KRW 32,50,000,000,000,000 to the Plaintiff” (hereinafter “instant letter of undertaking”); (c) Hansung would pay the amount of damage between E, Defendant B, D, F, etc. on November 14, 2013 and 500,000,000 won.