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1. The Defendant’s KRW 25,274,179 as well as 5% per annum from August 7, 2018 to January 22, 2019 to the Plaintiff.
Reasons
1. The Defendant, as the representative of C Co., Ltd. on April 18, 2013, entered into an agreement to pay the Plaintiff KRW 37 million to the Plaintiff by May 31, 2013 (hereinafter “instant agreement”) with respect to the obligation regarding the lease agreement of materials (sn beam beamline) that the said company assumed against the Plaintiff as the representative of C Co., Ltd. on the ground of the claim, may be found either as a dispute between the parties or as a whole by taking into account the purport of the entire pleadings as a whole.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 37 million and damages for delay from June 1, 2013, which is the day following the due date for repayment.
2. Judgment on the defendant's defense, etc.
A. The Defendant asserted that the above agreed amount was in the name of compensation for 50 tons used by the above company at will from among the 75 sn beam beam 75 tons leased by the Plaintiff by the above company, and that the 18 million won of the agreed amount was already paid, and the remaining 19 million won was completed in accordance with the initial agreement that the Defendant would bring about 50 tons of the sn beam sn beam, instead of paying damages as above.
1) First, comprehensively taking account of the purport of the entire pleadings in each of the statements in Eul evidence Nos. 1, 2, and 3 as to the above 18 million won defense, the defendant may recognize the fact that the defendant remitted the total amount of KRW 12 million to the plaintiff on May 7, 2013; June 5, 2013; July 5, 2013; August 6, 2013; and August 6, 2013; however, the remaining amount of KRW 6 million is insufficient to acknowledge the payment only with the statement in Eul evidence No. 1; there is no other evidence to acknowledge it (the defendant's defense that he/she paid KRW 6 million to the company bank account No. 40 million on August 6, 2013; or that the above statement of transactions was returned to the plaintiff on June 1, 2013; or that the above statement of transactions included the interest amount of KRW 1,700,000,000.