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1. Defendant B’s KRW 55,940,00 for the Plaintiff and KRW 6% per annum from July 1, 2015 to August 25, 2017.
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in wholesale and retail, export and import, etc. of non-ferrous metals, and Defendant A is a person who produces machinery parts, such as chloro and PTPP (power-generating equipment) with the trade name of “C.”
B. Around August 2014, Defendant A asked Defendant B, who had been aware of the past transactional relationship, to supply approximately KRW 10,000 of the enjoyment to Defendant B until the end of the year, and Defendant B requested Defendant B, who had been aware of the past transaction relationship, to supply approximately 10,00 of the enjoyment until the end of the year.
Since then, China Company (D) notified Defendant B that “10,540 Nowh through the Plaintiff will pass through customs the instant goods,” and supplied the instant goods to the Plaintiff.
C. As such, on December 1, 2014 and December 19, 2014, the Plaintiff supplied 10,540 Nos. 10,540 (excluding KRW 10,000 per opening, and value-added tax) that the Plaintiff imported twice to Defendant A final. On December 19, 2014, the Plaintiff issued a tax invoice stating the total supply value of Defendant A as KRW 115,940,000.
From December 2, 2014 to March 16, 2015, Defendant A remitted the total amount of KRW 118,000,000 to the account designated by Defendant B (Defendant B’s E account, Defendant B’s branch account), and Defendant B paid KRW 60,000,000 to the Plaintiff using the F’s account.
E. On May 29, 2015, Defendant B prepared a redemption note (hereinafter “instant redemption note”) with the purport that Defendant B would pay KRW 55,940,000 to the Plaintiff on a personal basis among the price of the instant goods, and that Defendant B would pay KRW 55,940,000 to the Plaintiff by June 30, 2015. On February 22, 2016, Defendant B drafted a payment note with the purport that “the Plaintiff would pay KRW 50,000,000 to the Plaintiff by March 31, 2016.” [Grounds for recognition]: (a) without dispute; (b) evidence Nos. 1, 3, 7, 8, and 3 (including a serial number; (c) witness’s testimony; (d) Defendant B’s testimony as a result of the Defendant’s testimony; and (e) Defendant B’s testimony.