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1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 12% per annum from June 15, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Defendant is a company running a reinforced concrete construction business, and C was appointed as the Defendant’s representative director on November 13, 2017, and resigned on December 10, 2018.
B. Around March 2018, C requested D, who is the actual representative director of the Plaintiff, to pay KRW 100,000 to the Plaintiff, since C would later contract to the Plaintiff, among the construction works of the building of the Nam-si E apartment in South-si, Nam-si, the Defendant promoted.
Receipts: O0 million won (50,000,000) received the above amounts as advance payment related to the work other than the work, and if it is impossible to carry out the work in the future, I will promptly return it.
The above books: Defendant Representative Director C ( Sealed Part)
C. Accordingly, the Plaintiff on April 24, 2018 and the same year to C
5. On April 25, 201 and May 21, 2018, KRW 100,000,000, each of which was paid by cashier’s checks, and C, on April 25, 2018 and May 21, 2018, signed and sealed the following receipts, respectively.
(2) Each of the above two receipts (hereinafter referred to as “the receipts of April 25, 2018”) and “the receipts of May 21, 2018,” respectively, and “the respective receipts of this case.”
After that, the defendant was unable to perform the new construction work of E Apartment City, and did not contract the plaintiff with construction work such as early construction work.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, witness C's testimony, purport of whole pleadings
2. Determination:
A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff a total of KRW 100,000,000 (= KRW 50,000,000) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 15, 2019 to the date of complete payment, which is the day following the day of delivery of the copy of the complaint of this case sought by the Plaintiff, barring special circumstances.
B. Determination of the Defendant’s assertion 1 is that the Defendant affixes his seal impression affixed on the receipt of May 21, 2018.