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1. Defendant B shall pay to the Plaintiff KRW 63,032,300 as well as 12% per annum from April 19, 2019 to the date of full payment.
Reasons
The indication of claims against the defendant B: It is as shown in the attached Form.
Around May 2018, the Plaintiff entered into a contract on the original processing with the Defendants, and accordingly, paid KRW 63,032,300 (hereinafter “instant processing fees, etc.”) with the Defendants as processing fees, etc. (Article 208(3)2 of the Civil Procedure Act) on the summary of the Plaintiff’s claim against Defendant C.
However, the Defendants did not perform the contract. Defendant C is jointly and severally liable with Defendant B to return the above KRW 63,032,300 to the Plaintiff.
Judgment
The Plaintiff submitted a letter (No. 1-1) signed and sealed by the Defendants as evidence, but there is no evidence to acknowledge the authenticity of the part in Defendant C’s name in each of the above documents, and thus, it cannot be deemed as evidence to acknowledge the Plaintiff’s assertion (the Plaintiff is the person whose name was stated in the above letter and affixed the seal of Defendant C. However, it is not sufficient to recognize the fact that the Plaintiff was authorized to affix the seal of Defendant C on the above letter, and there is no other evidence to prove that the evidence submitted by the Plaintiff was not sufficient to prove that the Plaintiff had the authority to affix the seal of Defendant C on the above letter, and there is no other evidence to prove otherwise) other evidence submitted by the Plaintiff.
It is not sufficient to recognize that the Plaintiff intended to refund the instant processing fees, etc., and there is no other evidence to acknowledge otherwise.
Therefore, the plaintiff's claim against the defendant C is without merit.