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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 391,142,490 and 15% per annum from July 12, 2016 to the date of full payment.
Reasons
1. Basic facts
A. The pertinent Plaintiff of the parties is a company that purchased scrap iron from 19, Seo-gu 65, Seo-gu, Incheon, Seo-gu 65, and sells it to Hyundai Steel Co., Ltd., and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that engages in the scrap metal wholesale business, and Defendant B was the representative director of the Defendant Co., Ltd.
B. On October 6, 2008, the Plaintiff entered into a contract with the Defendant Company for the supply of approximately KRW 300,000,000 of scrap metal generated from the Defendant Company’s implementation to the Defendant Company as KRW 300,000,000, not later than December 31, 2008, and the said scrap metal price to be paid in advance as advance (hereinafter “C Corporation contract”).
(2) On October 6, 2008, Defendant B completed the registration of creation of a mortgage (hereinafter “instant mortgage”) with respect to the Defendant Company’s debt of KRW 300,000,000 against the Plaintiff in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “Defendant B’s housing”) as the secured obligation, and with respect to the Defendant Company’s debt of KRW 100,000,000 against the Plaintiff as the mortgagee.
3) On the same day, the Plaintiff paid 300,000,000 won to the Defendant Company as advance payment. (c) On July 28, 2009, the Plaintiff entered into a contract with the Defendant Company to pay KRW 250,000 to KRW 1.50,000 for scrap metal arising from Seoul E Corporation’s undertaking between the Defendant Company and the Defendant Company until September 15, 2009, and to pay the said scrap metal in advance as advance payment. If the Plaintiff deposits the advance payment of the said scrap metal in the Defendant Company’s passbook, the Defendant Company promised to transfer it from the Defendant Company to G, the representative director of the F Company, who received a contract for collection, commercial rent, transportation of scrap metal and scrap metal.
(E) The Plaintiff transferred KRW 250,000,000 to the Defendant Company on July 29, 2009 according to the said contract.
The Defendant Company’s delivery of parts of scrap metal and this case.