1. The Defendant’s KRW 25,299,307 as well as the Plaintiff’s annual rate of KRW 6% from August 1, 2014 to September 24, 2015.

1. Facts of recognition;

A. The Plaintiff is an agricultural company that runs the processing and wholesale business of livestock products, and the Defendant is an individual who runs the wholesale business of livestock products in the trade name of “C”.

나. 원고는 피고에게 돈육(豚肉)을 판매해왔는데, 피고에게 돈육을 판매하고 지급받지 못한 미수금이 2011. 10. 31. 기준으로 합계 34,028,963원이고, 2011. 11. 1부터 2014. 7. 31.까지 피고에게 328,205,794원 상당의 돈육을 판매한 후 같은 기간 피고로부터 336,935,350원을 지급받았다.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the sum totaling KRW 25,299,307 (i.e., KRW 34,028,963, KRW 328,205, KRW 794 - KRW 336,935,350) and delay damages therefrom, barring special circumstances.

On the other hand, while engaging in money transaction with D (representative E), the Plaintiff was either 90,000,000 won (hereinafter “D amount”) while engaging in money transaction with D (representative E). Since D’s business was discontinued due to business difficulties, D agreed between D and D on behalf of the Defendant and E to pay D amount to the Plaintiff after collecting the claim that D amount to be paid from D from the customer on behalf of the Defendant. The Defendant claimed that D collected the claim that D would have to be paid from D’s business partners in lieu of the claim that D would have to be paid, and that the Plaintiff did not pay D amount to the Plaintiff.

The testimony of the witness E is insufficient to recognize that there was an agreement between the defendant and E to pay the outstanding amount on behalf of the defendant, and there is no other evidence to acknowledge it.

Even if there was such an agreement, it is reasonable to view that it is a performance acceptance agreement by the Defendant to accept the performance of the obligation against the Plaintiff, and the Plaintiff is merely an underwriter.