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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from October 16, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On June 26, 2013, the Plaintiff remitted KRW 10,000,00 to the account in the name of D designated by C. On July 1, 2013, the Plaintiff paid KRW 20,000,000 as a check to C. On July 1, 2013, the Plaintiff transferred KRW 5,00,000 to F designated by C under the Plaintiff’s name of E. on July 12, 2013.
B. On November 4, 2013, Defendant Company remitted KRW 5,000,000 to the Plaintiff.
C. On July 16, 2014, C agreed with the Plaintiff as follows:
Of the amount of KRW 35,00,000 invested by the Plaintiff in the Defendant Company, C promises to pay to the Plaintiff by August 31, 2014, and at the same time C will not raise any objection against any act of the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, purport of whole pleadings
2. The parties' assertion
A. On June 2013, the Plaintiff asserted that the Plaintiff entered into a sales contract with the Defendant Company via C, a substantial operator of the Defendant Company, with the purchase price of KRW 35,00,000,000 for the affiliated vehicles owned by the Defendant Company (hereinafter “instant sales contract”). The Plaintiff paid KRW 35,00,000 for the purchase price. The Plaintiff’s owner of the vehicle acquired from the Defendant Company (G, and became H thereafter) was Korea Co., Ltd. or high-speed tourism. Accordingly, the Plaintiff resisted against the Defendant Company, and the instant sales contract was revoked under the agreement between the Plaintiff and the Defendant Company.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 30,000,000, which was not returned to the Plaintiff.
B. It did not have concluded the instant sales contract between the Plaintiff and the Defendant Company.
3. Each of the above evidence and the statement of Gap evidence No. 5 are as follows. In other words, Eul appears to have recognized that the plaintiff had made a sales contract with the defendant company through C, stating that the plaintiff invested in the defendant company, and that Eul is the representative director of the defendant company.