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1. Defendant B’s 37,367,035 won and the interest rate of 15% per annum from December 14, 2015 to the date of full payment.
Reasons
1. The following facts are found to be either in dispute between the Plaintiff and the Defendant, or in full view of the purport of the entries and arguments in the evidence Nos. 1 through 8, and the Plaintiff and the Defendant B are deemed to have led to confessions under Article 150(3) and (1) of the Civil Procedure Act.
A. From August 2005, when the Defendants had been running an import and sale business of small and medium Korean small and medium companies, sediment, etc., resulting in a shortage in funds, the Defendants requested the Plaintiff Company to provide the Defendants with warehouse contracts, etc. as security, and to pay the said small and medium-scale goods by proxy. Accordingly, from October 17 to December 29, 2015, the Plaintiff Company directly paid USD 45,766.2 (U.S.) in total five times from October 17, 2015 to December 29, 2015.
B. Thereafter, on January 27, 2006, the Plaintiff Company received from the Defendants a letter of payment (hereinafter “instant letter of payment”) with respect to the payment of USD 45,766.2 of the said amount of goods:
“The amount of KRW 44,09,00, the said amount shall be paid in the amount of KRW 20,99,000 with the amount of Sophd on February 4, 2006, and the remainder shall be paid up to March 10, 2006, and the Defendant C refers to the Defendant A, a later date, as requested. In quantity, the amount refers to the Plaintiff Company that was created at the request, and an order shall be given in C. The payment is promised to be made within ten (10) days after the date of entry into C warehouse.”
C. Defendant A paid KRW 10,000,000 to the Plaintiff Company on February 10, 2006, as a partial repayment under the instant payment note.
On the other hand, USD 45,766.2 was converted into Korean currency according to the exchange rate at the time, and KRW 47,284,174 was the total of KRW 47,861 and KRW 35,000 was the total of KRW 35,00 in the process of paying the above goods.
2. The above facts of recognition as to the claim against the defendant B and the plaintiff Eul's assertion as to the plaintiff's claim.