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1. The Plaintiff:
A. Defendant B’s KRW 30,000,000 and for this, KRW 5% per annum from August 31, 2012 to September 20, 2016.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. Grounds for partial dismissal.
A. In relation to the Defendants’ joint payment claim amounting to KRW 45 million, it is difficult to view that the evidence No. 3 (Convention) states that “A Co. D has disbursed KRW 65 million to Defendant B,” and it is difficult to deem that Defendant B had to return KRW 65 million solely on the above statement, and that “in the event that it is difficult to raise and receive funds normally, it shall be exempt from all civil and criminal liability” refers to the return of KRW 65 million.
Above all, it is difficult to view that Defendant B may exercise any right against Defendant B, etc. on the basis of the above agreement, since the above agreement was prepared and executed in the name of Defendant B, a corporation separate from the Plaintiff.
In addition, it is difficult to view that Defendant C is obligated to return KRW 69 million to the Plaintiff immediately with the deposit of KRW 69 million with Defendant C’s account, and there is no other evidence to acknowledge the Plaintiff’s assertion.
B. However, according to the evidence evidence Nos. 4 (Incompetence), Defendant B promised to pay 50 million won to the Plaintiff on June 15, 2012 until August 30, 2012, and the Plaintiff is the Plaintiff who received the principal amount of KRW 20 million. As such, Defendant B is obligated to pay damages for delay calculated at the rate of 15% per annum under the Civil Act from August 31, 2012 to September 20, 2016, which is the date of this decision, where it is deemed reasonable for Defendant B to dispute the existence or scope of the obligation to pay the Plaintiff the remainder of KRW 30 million, and from the next day to the date of full payment, to the date of this decision.
C. As to the claim for payment of KRW 12 million against Defendant B.