beta
Text
1. The Defendant’s KRW 59,668,00 for the Plaintiff and 5% per annum from October 10, 2013 to May 9, 2014.
Reasons
1. Facts of recognition;
A. A. On September 2013, the Plaintiff, the Defendant, and B agreed to jointly invest and import the double-domestic derivatives, but they entered into a trade agreement with the Defendant to take charge of import business (hereinafter “instant trade agreement”).
B. In accordance with the instant trade agreement, the Defendant: (a) purchased 980t from a Chinese company to KRW 800 pert (compactation, total amount of KRW 784,000) with the trade name “C” around September 2013; (b) concluded a contract with a Chinese company to pay USD 20,000 on September 18, 2013, USD 20,000 on September 28, 2013, USD 20,000 on September 28, 2013, and USD 50,000 on October 10, 2013, respectively; and (c) concluded a contract with a Chinese company to pay the remainder in sequence prior to the shipment.
C. The Plaintiff paid KRW 32.6 million to the Defendant and B on September 17, 2013 under the instant trade agreement. However, on September 17, 2013, the Defendant and B paid KRW 2,60,000 to the Chinese company as the purchase price of KRW 32.6 million, and used the remaining money in another place, and demanded the Plaintiff to directly transfer the purchase price of KRW 16,168,00 ($ 15,000) to the Chinese company instead of the Defendant on September 27, 2013. From September 27, 2013 to November 12, 2013, the Defendant and B returned the purchase price of KRW 360,00 to the Plaintiff on September 27, 2013, and the Plaintiff and the Plaintiff returned the remaining money to the Plaintiff on April 26, 200, which were not paid to the Plaintiff over four occasions between September 27, 2013 to November 12, 2016.
Furthermore, the Plaintiff demanded that USD 50,000 should be paid to the Defendant on October 10, 2013. Moreover, on October 8, 2013, the Plaintiff paid KRW 50,000,000 to the Defendant. Moreover, upon the Defendant’s demand that additional money be needed for USD 50,000,000,000,000. On October 10, 2013, the Defendant paid KRW 6,50,000 to the Defendant on October 10, 2013. However, on October 10, 2013, the Defendant paid at will the Chinese company a total of KRW 56,50,000 ( KRW 50,000,00) out of KRW 6,50,000,000,000,000 as purchase price.