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1. The Defendant shall pay to the Plaintiff KRW 800,000,000 and the interest rate of KRW 15% per annum from May 20, 2017 to the date of full payment.
Reasons
1. The plaintiff asserts to the following purport, and the defendant is deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act.
A. The Plaintiff appears to have supplied rice to the Defendant only to the extent of KRW 800,000,000 on credit for rice-related goods (Limit of KRW 800,000) borne by the Defendant to the joint business entity of the YY-gun Cooperative, the joint business entity of the Y-gun Cooperative, the Plaintiff, within the limit of KRW 800,00.
(A) On August 12, 2015, the Plaintiff concluded a mortgage agreement and superficies contract, respectively, between the Plaintiff and the joint project corporation of the Forestry-gun Cooperative, with respect to the amount of “4,160 square meters prior to the Cheongjin-gun, Jinjin-gun,” which is owned by the Plaintiff as the maximum debt amount of KRW 960,00,000, and the right to collateral security and superficies contract between the mortgagee and the person holding the superficies as the joint project corporation of the Forestry-gun Cooperative.
B. The plaintiff is the above A.
On August 12, 2015, the agreement to establish a collateral security right and superficies contract entered into between the Defendant and the Defendant on the day of August 12, 2015, the Defendant agreed to the effect that “the Defendant would sell processed rice to a third party” in light of the fact that he/she carries out a processing business of rice, etc. in light of the fact that he/she purchased rice on credit from the joint business corporation of the Forestry-gun Mutual Association, and thus, the Defendant would be deemed to have carried out a processing business of rice, etc.
C. Since then, even though the Defendant purchased rice equivalent to KRW 485,225,00 from a joint business entity of the Forestry-gun Cooperative, it did not make the Plaintiff cashed and paid it to the Plaintiff, as well as the Defendant did not pay the existing debt owed to the joint business entity of the Forestry-gun Cooperative, on the wind that fails to pay the existing debt owed to the joint business entity of the Forestry-gun Cooperative, the Defendant may not purchase rice on credit any longer from the joint
2. According to the above facts of recognition as to the cause of the claim, the plaintiff and the defendant pursuant to Article 398(1) of the Civil Code.