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1. Defendant B’s KRW 412,536,00 for the Plaintiff and KRW 5% per annum from January 1, 2013 to April 8, 2016.
Reasons
1. Determination as to the plaintiff's claim against the defendant B
A. The plaintiff asserted from 1996 that the plaintiff introduced the defendant B to the customers who will be ordered to perform the contract.
In 2003, the Plaintiff and Defendant B agreed that “Defendant B shall pay 40% of the price to the Plaintiff as the job placement fee to the customers that Defendant B introduced to the Plaintiff.”
Defendant B paid only part of the above agreed amount to the Plaintiff, and the remainder was not paid, and the Plaintiff and Defendant B agreed on July 20, 2012 that “Defendant B paid KRW 450,000,000 to the Plaintiff during the period from 2003 to 2012 to 2012.”
(hereinafter “instant 1 Agreement”). Accordingly, Defendant B is obligated to pay to the Plaintiff the agreed amount and damages for delay pursuant to the instant 1 agreement.
B. The authenticity of the entire document is presumed to have been established, inasmuch as the Plaintiff’s seal impression following the Defendant B’s name is recognized based on the result of the appraiser’s seal impression appraisal, and the entire document is presumed to have been authentic. Defendant B issued the Plaintiff around July 16, 2012, and the Plaintiff’s seal impression affixed on the above certificate was forged by forging and sealing the Defendant B’s seal impression. However, according to the Plaintiff’s evidence No. 8 and the witness E’s testimony, it is insufficient to acknowledge the document solely on the basis of the entries in the evidence No. 8 and the witness E, and there is no other evidence to acknowledge it, it can be acknowledged that Defendant B agreed to pay the Plaintiff KRW 450,00,000 under the agreement No. 1 of this case by December 31, 2012.
On the other hand, the Plaintiff received KRW 37,464,00 out of the agreed amount from Defendant B around July 25, 2012.
Thus, Defendant B’s remaining agreed upon amount of KRW 412,536,00 (i.e., KRW 450,000,000 - KRW 37,464,00) and the aforementioned Defendant from January 1, 2013, following the due date for payment.