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1. The defendant shall pay 80,000,000 won to the plaintiff and 20% per annum from March 25, 2014 to the day of full payment.
Reasons
1. Determination as to the cause of claim
A. Comprehensively taking account of the purport of the entire arguments in evidence Nos. 1, 2, 3, and 4, C received KRW 20 million from the Defendant on June 14, 2012 from the Defendant, and the Defendant received KRW 5 million on May 15, 2012 from the Plaintiff to take over D from C, and KRW 5 million on May 18, 201 of the same year;
6.2. 10 million won has already been paid in total, and this was replaced by the payment.
(E) A joint operation agreement that grants the Defendant the right to jointly operate the public room “E” and that grants the Defendant the exclusive right to produce and distribute products in Korea (hereinafter “instant agreement”) to the Defendant upon receipt of the payment of KRW 80 million from the Defendant by October 24, 2013.
A. The fact that the Defendant entered into a contract, from February 2013 to February 3, 2013, registered the said public bank as “F” and operated the said public bank. The Plaintiff acquired the claim of KRW 80 million from C on February 21, 2014, and C, on February 27, 2014, may recognize the fact that: (a) the Defendant notified the Defendant of the transfer of the said claim and received the notification of the said transfer of claim to the Defendant on March 3, 2014.
B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff who acquired the claim from C with 80 million won and damages for delay calculated at the rate of 20% per annum from March 25, 2014 to the day of full payment, as the Plaintiff seeks.
2. Judgment on the defendant's defense
A. The Defendant, on June 14, 2012, entered into the instant contract with C to pay KRW 80 million in return for the transfer of the above public interest right. However, due to the following reasons, the Defendant did not entirely have the exclusive right to the production and distribution of the domestic products of the said public interest from the Plaintiff, and the Defendant returned the company’s official seal and sampling, etc. to C over 30 times on and around October 2013, and directly manages C from that time.