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Reasons
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(영문) 부산지방법원 2018.08.21 2017가단17135
대여금
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1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate of 5% from December 31, 2016 to June 7, 2017.

Reasons

1. Facts of recognition;

A. From August 2013, the Plaintiff is engaged in wholesale and retail business of food, etc., the Plaintiff supplied frozen fishery products, etc. to B Co., Ltd. (hereinafter “B”) that was operated by the Defendant with shares (i.e., company C, representative director D, and hereinafter “B”). From the beginning of 2014, the Plaintiff supplied freezing food, etc. to E Co., Ltd. (hereinafter “E”) in which the Defendant was the representative director.

B. The Defendant transferred B’s share to D on March 4, 2014. As of February 28, 2014, the Defendant agreed that KRW 60,000,000, out of the total sum of the accounts payable for goods to the Plaintiff and D and B as of February 28, 2014, KRW 169,803,420, and the remainder of the accounts shall be liable in D and B.

C. On March 17, 2014, E repaid to the Plaintiff KRW 10 million out of the amount payable to the Plaintiff.

On April 21, 2015, the Defendant, as a joint guarantor, shall pay the Plaintiff KRW 50 million in four installments, KRW 12.5 million up to May 26, 2015, KRW 12.5 million up to June 29, 2015, KRW 12.5 million up to September 28, 2015, KRW 12.5 million up to September 26, 2015, and KRW 12.5 million up to October 26, 2015, respectively, and shall lose the benefit of time and immediately repay the principal.

“The letter of commitment to the payment of the price in installments was drawn up. E. On May 7, 2016, the Defendant drafted a letter of commitment that “The Plaintiff will pay KRW 50 million out of the accounts payable for the goods by December 30, 2016” (hereinafter “instant letter of commitment”).

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 8 (including branch numbers in case of additional number), Eul evidence 1, witness D's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 50 million according to the letter of commitment and delay damages.

B. The Defendant’s argument regarding the Defendant, even if so, is against the Plaintiff on March 2, 2014.

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