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Reasons
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(영문) 대구지방법원서부지원 2015.02.11 2014가단14195
약정금
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1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 20% per annum from April 22, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A. On April 17, 2009, C Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract with the Defendant that “The Defendant entrusts the Nonparty Company with the container transport business regarding the Defendant’s cargo, and the Nonparty Company pays KRW 100 million to the Defendant with the deposit amount.”

Meanwhile, the Plaintiff asserts that the Defendant transferred KRW 25 million to D on March 2, 2009, and KRW 35 million on March 11, 2009, and KRW 30 million on March 11, 2009 to D upon the Defendant’s request, and the Defendant asserts that D is the wife of G (the name is the principal name, and the name is F).

On April 30, 2009, E, which was an employee of the non-party company, remitted to the defendant the amount of KRW 9.9 million.

B. On July 24, 2009, the Defendant drafted a letter of payment to the Plaintiff that “The contract of carriage with the company outside Korea was rescinded by agreement, and thus, would pay deposit KRW 85 million to the Plaintiff, the representative director of the company outside Korea, until August 30, 2009.” The Defendant guaranteed this by F.

In addition, on the same day, the Defendant also made up to the Plaintiff a letter of payment that sets the amount to KRW 15 million (hereinafter referred to as “each of the instant payments”) with the said letter of payment.

C. The Plaintiff is a person who received KRW 30 million from G as a guarantor for each of the instant payment notes.

[Reasons for Recognition] Facts without dispute, Gap 1 through 4 (including those with serial numbers; hereinafter the same shall apply) and Eul 1 and 13 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the judgment on the cause of the claim, the defendant is seeking by the plaintiff as of August 30, 2009, the remainder of KRW 30 million, which was already paid to the plaintiff among the total amount of KRW 100 million under each of the instant payment notes (= KRW 15 million) and the above payment date on each of the above notes.

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