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1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 100,000,000, and the defendant shall pay to the plaintiff on January 2015.
Reasons
1. Basic facts
A. On April 23, 2014, the Plaintiff drafted “a mechanical sales contract and an agreement on performance (Evidence A4)” with the content that the Plaintiff sells the machinery and equipment of various items, such as Co., Ltd. and E (hereinafter “E”) to total sales cost of KRW 260,100,000, and that the same year.
5.2. A Promissory Notes was issued on May 30, 2014 at face value KRW 100 million and due date.
B. On May 15, 2014, the Defendant drafted a sales contract for goods (Evidence No. 1) with the content that he/she purchases goods at KRW 260,100,000 from E and the aforementioned machinery, model cutting machines, etc.
C. On June 29, 201, F Co., Ltd., the representative director of the Plaintiff, was awarded a successful bid for a mobile factory C in Sungsung-si, and the Defendant leased and used the above factory and office building from May 1, 2014.
From February 27, 2015, the defendant shall have the right to machinery and facilities at the location of the above factory on December 29, 2014 to the same year.
3. In the event that the portion promised with the Plaintiff by March 15, 2015 is not fulfilled, the Plaintiff renounces and promises to leave by March 15, 2015.
“The Plaintiff prepared a letter to the effect that “A” (No. 2-1) and sent it to the Plaintiff, and on December 30, 2014, the Plaintiff prepared and executed the same performance note (No. 2-2 of the evidence No. 1) in the name of the Plaintiff, the representative of the Plaintiff. E. The Defendant promised on March 18, 2015 to the Plaintiff to pay in full the amount of KRW 140 million by March 30, 2015.
“The instant letter of payment” was written and sent by content-certified mail to the Defendant on April 27, 2015. On April 27, 2015, the Plaintiff notified the Defendant of the fact that “In spite of the promise indicated in the instant letter of payment, the amount of KRW 140 million (10 million for the G mechanical cost, approximately KRW 40 million for the rental fee for the F Co., Ltd.) has not been paid up until April 29, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 5, Eul evidence 1, 5, and 6 (including each number), the purport of the whole pleadings
2. Determination.