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1. The Defendant’s KRW 200,000,000 as well as 5% per annum from September 19, 2015 to May 11, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. A. Around June 25, 2015, the Defendant entered into a contract for the transfer or takeover of the web access right (hereinafter “instant contract”) with B-based file sharing site “C” and “D” owned by B (hereinafter “B”), and agreed to pay the acquisition price in KRW 3.2 billion (excluding value-added tax), and the down payment and intermediate payment in KRW 2.8 billion on the date of the contract, and the remainder KRW 400 million on August 3, 2015.
B. Around June 25, 2015, the Defendant paid KRW 2.8 billion to B.
C. Around July 1, 2015, the Defendant entered into a modified contract with B as follows (hereinafter “instant modified contract”), and prepared a receipt to the effect that KRW 800 million was paid from B.
1. From June 25, 2015, it became impossible to transfer the above site due to the lack of access to the “C” site.
2. By mutual agreement, the contract of this case shall be maintained with respect to the total acquisition amount and the transferable part.
3. The Defendant and B agree that the total acquisition price of the instant contract shall be changed to KRW 2 billion, and B shall return KRW 80 billion out of KRW 2.8 billion already received at the Defendant office on July 1, 2015, without delay, from July 1, 2015, in lieu of the payment of the total acquisition price of the modified contract.
4. Value-added tax shall be deposited by the defendant into the account in the name of B within seven business days from the date on which B issues a tax invoice before September 10, 2015.
Around July 9, 2015, Defendant E, a director of the company, paid 300 million won to the Defendant’s account by submitting a check of KRW 300 million to the Defendant’s name, and F, a representative director, paid the amount of KRW 500 million to the Defendant’s name account by presenting the check of KRW 500 million to E as an agent.
E. On June 23, 2015, the Plaintiff’s enforcement title of a promissory note with the executory power of No. 1234, 2014, issued by the Seoul East Eastern District Court No. 2015TTB8921, with respect to the Plaintiff’s certificate of Gjoint Law Office No. 1234.