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1. Defendant C’s KRW 47,00,000 and the Plaintiff’s annual rate of KRW 15% from July 17, 2018 to May 31, 2019.
Reasons
1. Basic facts
A. On March 15, 2016, the Plaintiff entered into a contract for transfer with Defendant C to the effect that the Plaintiff would receive truck registration numbers and transportation business rights from Defendant C by setting the transfer price of KRW 47 million.
(hereinafter “instant contract”). (b)
The Plaintiff paid KRW 10 million on March 15, 2016, and KRW 37 million on March 16, 2016 to Defendant B’s account. Defendant B remitted KRW 45 million, excluding KRW 1.5 million for introduction, to Defendant C.
However, Defendant C did not transfer the truck registration number and transportation right to the Plaintiff.
C. The Plaintiff urged Defendant C and his introduction to continue to perform the obligations under the instant contract.
Of that, on June 11, 2016, Defendant B prepared and sent to the Plaintiff a document containing the following contents:
(hereinafter referred to as “each of the instant notes”) No. 15, June 15, 2016, Defendant B (Signature) [based on recognition] Defendant B: Each of the entries and arguments in subparagraphs 1 and 2, and the purport of the whole pleadings: Article 150(3) of the Civil Procedure Act (Voluntary Confession).
2. The fact that Defendant C failed to perform the obligation to transfer the truck registration number and transport business right under the instant contract, and that the Plaintiff repeatedly urged Defendant C to perform the obligation. The fact that the duplicate of the instant complaint containing the Plaintiff’s declaration of intent to rescind the instant contract under the instant contract on the ground of Defendant C’s nonperformance of obligation is apparent in the record that the copy of the instant complaint was delivered to Defendant C on July 17, 2018, and that the instant contract was lawfully rescinded.
Therefore, Defendant C’s transfer proceeds of KRW 47,00,000 paid by the Plaintiff, and as requested by the Plaintiff, Defendant C’s delivery of a copy of the instant complaint to Defendant C on July 18, 2018.