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1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 15% per annum from October 29, 2015 to the date of full payment.
Reasons
1. Basic facts
A. From August 2013 to June 2015, the Plaintiff supplied the Defendant with various food materials. From September 17, 2013 to June 17, 2015, the Plaintiff received the payment of KRW 20,000,000 (hereinafter “the final payment amount”) on several occasions during the period from September 17, 2013 to June 17, 2015. However, the Plaintiff did not receive the full payment.
B. Meanwhile, on August 10, 2014, the Defendant closed its business around the date of the said final transaction, and sent the agreement with the Plaintiff as follows (hereinafter “instant agreement”). On the other hand, on August 10, 2014, KRW 47,500,000 of the agreed goods price was sent to the Plaintiff. The Plaintiff signed and sealed the agreement and sent it to the office in the name of the law firm South Korea on August 12, 2014.
1. The amount of the unpaid goods held by Party A (referring to the Plaintiff; hereinafter the same shall apply) against Party B (the Defendant is referred to as the “Defendant”; hereinafter the same shall apply) shall be collected from Party B by an agreement between Party B and B in l,000,000 (Won 72,628,200) or gold.
(2) Eul shall be paid to Gap with the agreed amount under paragraph (1) as the following money and date:
- Amounting to KRW 47,500,000 (Won 47,500,000 of the agreed price of goods) - The due date shall be on the basis of the day following the arrival of registered mail in the original agreement in the law firm name.
(3) The debtor Eul shall pay the above amount to Gap in good faith on the repayment date as above.
Provided, That this agreement shall be null and void, shall lose the benefit of time, and shall assume the other legal responsibilities when the commitment is not implemented on the two money and on the date of repayment.
(hereinafter omitted)
C. Thereafter, the Defendant remitted KRW 27,500,000 to the Plaintiff on August 13, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 3, 5, and 6 (including each number), the purport of the whole pleadings
2. The parties' assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the defendant is not paid out of the amount agreed upon to the plaintiff 20.