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1. The Defendant’s KRW 100,000,000 as well as 5% per annum from July 29, 2015 to May 23, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant was established on September 21, 1998 for the purpose of construction business and artificial fishery, etc., and was the representative director of the dissolved C Co., Ltd. (hereinafter “C”) on December 3, 2012. On April 12, 200, the Defendant is the inside director of D Co., Ltd. (hereinafter “D”) established on April 12, 200 for the purpose of construction business and artificial fishery, and the inside director of E Co., Ltd. established on October 14, 2013 for the purpose of housing construction business and artificial fishery.
B. On July 29, 2010, the Defendant drafted a letter of payment with the effect that “C, the representative director of which was the Defendant, bears the Plaintiff’s obligation of KRW 100 million for the construction cost to F Company F working for the Plaintiff (hereinafter “F”). Since the Plaintiff paid the said construction cost in lieu of the said construction cost to F, the Defendant would pay the Plaintiff a 100 million amount individually borne by the Plaintiff as much as the economic ability arises with respect to the Plaintiff’s KRW 100 million.” (hereinafter “instant letter of payment”).
C. On December 7, 2017, F drafted a written confirmation of performance that “the Defendant received reimbursement from the Plaintiff for the construction cost incurred from Defendant C’s operation.”
[Ground of recognition] Facts without dispute, Gap 1, 10, 15, Eul 1, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff 10 million won with the agreed amount based on the letter of claim of this case and 15% interest per annum under the Civil Act from July 29, 2015 to May 23, 2018, the delivery date of a copy of the application for change of purpose of claim and cause of claim of this case from July 29, 2015 to May 23, 2018, which is the date of delivery of a copy of the application for change of purpose of claim of this case and cause of claim of this case from the next day to the date of full payment.
From July 29, 2015, the Plaintiff served a duplicate of the application for the purpose of the instant claim and modification of the cause of the claim.