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1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from March 21, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. A. Around August 2016, the Defendant entered into a contract with the non-party Sream Co., Ltd. to be supplied with the clothing produced by the said company by being awarded a contract from the said company to another company (e.g., luminous Co., Ltd.) in China to sell it as home shopping.
B. The Defendant, an import agent, had the non-party CBV Co., Ltd. (hereinafter “Nonindicted Company”) issue a letter of credit of USD 320,00 on behalf of the Defendant, and requested the non-party company to conduct the import clearance of the above clothing.
C. On November 21, 2016, the representative director B and the de facto operator C at the time of the Defendant’s entry into a “certificate of acceptance of imported goods” (Evidence No. 9) to the effect that the Defendant sold the goods of USD 320,000 to the non-party company as the owner of the non-party company. The Defendant sold the above clothing to home shopping on November 2, 2016, the same month, and December 14 of the same year, and the non-party company did not receive the above clothing payment from the Defendant. The non-party company issued it to the non-party company, and the non-party company delivered it to the Plaintiff.
Defendant Company and D are the same month of USD 320,000 for Non-Party Company on December 6, 2016
5. The non-party company prepared a letter of payment (Evidence A 12) to the effect that the amount of 379,104,000 won converted into the standard amount of remittance was promised to pay on the 7th of the same month and the 16th of or on the 19th of the same month, and delivered it to the non-party company, and the non-party company sent it to the Kaka
E. On December 8, 2016, Nonparty Company transferred to the Plaintiff the amount equivalent to KRW 200,000,000, out of USD 320,000, to the Defendant, and notified the Defendant of the assignment of the claim following the transfer.
F. Around December 15, 2016, Non-Party E filed a complaint against C in fraud, as the Defendant did not comply with the above 320,000 dollars payment commitments, and C was detained.
[Ground of recognition] Facts without dispute, Gap evidence 6 to 9, Gap evidence 12, 14, 16.