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1. Defendant B: (a) KRW 22,00,000,000 for the Plaintiff and 5% per annum from July 9, 2014 to October 26, 2016; and (b)
Reasons
1. Determination on the cause of the claim
A. The facts of recognition are as follows: (a) the Plaintiff entered into a contract with Sungsung Comprehensive Construction Co., Ltd. (hereinafter “Nonindicted Company”) on May 26, 2014 under which the Plaintiff would supply 450 won per unit price (excluding value-added tax); (b) Defendant B supplied 100,000 head; (c) on June 19, 2014, the Plaintiff and the Nonparty Company entered into an agreement with the Plaintiff on July 8, 2014 to pay the unpaid amount under the above contract to the Plaintiff by July 8, 2014; (d) the fact that the Plaintiff received 27,500,000 won in total as the price for the goods above from Defendant C does not conflict between the parties; or (e) it is recognized by the purport of the entire statement and oral argument set forth in subparagraphs
B. According to the facts of the above recognition as to Defendant B, pursuant to the above agreement, Defendant B owes a duty to resist the existence and the scope of Defendant B’s performance obligation from July 9, 2014, which is the day following the agreed repayment period, to the Plaintiff (i.e., KRW 49,50,000, KRW 27,500 - KRW 27,500), and to pay damages for delay at the rate of 5% per annum as prescribed by the Civil Act until October 26, 2016, which is the date of the decision, and from the following day to the day of full payment, by 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
C. The Plaintiff asserts that, on June 19, 2014, Defendant C agreed to pay the unpaid amount to the Plaintiff by July 8, 2014.
As to this, Defendant C asserted that, in order to grant a loan to a non-party company from a creative credit cooperative, Defendant C only prepared a letter of commitment containing such content to the creative credit cooperative, and that it did not have any agreement with the Plaintiff.
Defendant C agreed to pay the unpaid amount to the Plaintiff by July 8, 2014 between the Plaintiff and the non-party corporation.