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1. The Defendant’s KRW 70,000,000 as well as 5% per annum from April 15, 2014 to March 30, 2016 to the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On August 28, 2013, the Plaintiff entered into a contract for the supply of goods for dry melting 1,00 gs with the Defendant to KRW 362,990,583 (the export-import contract entered the purchase price in 150,000). However, the Plaintiff received only the purchase price of KRW 213,742,00 from the Defendant, and thus, the Defendant is obligated to pay the unpaid price of KRW 149,248,383 and delay damages therefor.
B. On October 4, 2013, the Plaintiff leased KRW 70 million to the Defendant by having C (hereinafter “C”) transfer transfer KRW 70 million to a stock company (hereinafter “C”).
2. The defendant's assertion was made by an agreement between the plaintiff and C and three parties, but in the form, the defendant merely pretended to import melting from the plaintiff and sell melting to C, and did not conclude a contract for goods supply with the plaintiff.
The money that the Defendant remitted to the Plaintiff was given by the Plaintiff’s representative director in cash to the Plaintiff to conclude a contract for goods supply between the Plaintiff and the Defendant, and the money was transferred to the Plaintiff again on October 4, 2013, and KRW 70 million, which was transferred from C, was the most deposited money, not borrowed from the Plaintiff.
3. Determination
A. 1) In light of the following facts and circumstances acknowledged by comprehensively taking account of the existence of a contract for the supply of goods between the original and the Defendant as well as the overall purport of the entries and arguments in Gap evidence Nos. 1 through 9, Eul evidence Nos. 1, 2, and 3 (including each number, if any) and the entire purport of the arguments, a contract for the supply of goods for the export of 1,000 km for dry melting (hereinafter “instant contract for the supply of goods”).
(A) A) Around August 28, 2013, the Plaintiff drafted a written order for exporting 1,000 g for drying records to the Defendant, and the Defendant prepared an order for exporting 1,00 g for 150,000 US dollars to the Defendant on September 13, 2013 (87,153,000 US dollars) and 70,00 US dollars on October 2, 2013 to the Plaintiff.