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1. The Defendant’s KRW 48,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 21, 2017 to May 29, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff (1) is a company whose purpose is to manufacture and sell motor vehicle parts, etc., and the Defendant is a person who engages in the business of manufacturing motor vehicle parts in the trade name of “E”.
(2) On May 25, 2010, the Plaintiff entered into a basic transaction agreement with the Defendant to receive automobile parts (gold, etc.). After entering into an individual supply contract with the Defendant, the Plaintiff was supplied with automobile parts, such as gold, by the Defendant.
(3) The “F” (hereinafter only referred to as “F”) supplied the press parts to the Defendant from November 201, as a company that produces and supplies motor vehicle parts.
B. (1) On September 5, 2013, the Defendant prepared and delivered a loan certificate (a) stating that “The Defendant borrowed KRW 88 million from the Plaintiff with the funds that the Defendant did not pay to the subcontractor for the gold and supply of the gold certificates that the Defendant did not pay to the subcontractor” (a certificate No. 2; hereinafter “the first loan certificate of this case”).
The main contents thereof are as follows:
The purpose of the loan is to borrow money from the Plaintiff for the purpose of paying the amount of the loan to the Plaintiff, the obligor, the Defendant (E) borrowed 88 million won, the Defendant, for the purpose of the loan, for the purpose of paying the amount of the loan and the delivery that the Defendant failed to pay to the subcontractor E.
(2) On September 9, 2013, the debtor made an agreement between the plaintiff and the F and the third party on the repayment date to pay for the borrowed amount in lump sum upon receiving the amount brought by the Fair Trade Commission of G (State) (hereinafter referred to as the "agreement of this case") with F and the defendant's settlement agreement to pay for the plaintiff KRW 88 million, among the claims of KRW 93,968,689, which the F and the defendant agreed on the settlement of accounts against the defendant as of the same day (hereinafter referred to as the "agreement of this case").
The main contents thereof are as follows:
A: Defendant F, B: Plaintiff
1. The amount of credit held by Party B as of September 9, 2013.