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1. The Defendant: (a) KRW 80,000,000 for the Plaintiff and the Plaintiff’s annual rate from May 2, 2015 to September 25, 2015; and (b) September 26, 2015.
Reasons
1. Basic facts
A. C is a person engaged in coffee business, and is engaged in a business similar to “F” by establishing “stock company D”, and is engaged in a business similar to “F” by lending her mother E.
B. The Plaintiff, a company engaged in the business of importing and selling coffees in Korea, supplied primary coffee Co., Ltd. D and F.
C. On September 1, 2013, the Plaintiff and D Co., Ltd. entered into a joint agreement with the content that they jointly establish and operate the Defendant Company.
The defendant company held 50% shares in G (H H's representative director) and C respectively and jointly operated. D.
C was appointed as the representative director of the Defendant Company, and G was appointed as a director, and approximately two years thereafter, G was actually performing the duties.
For this period, the defendant company received coffees from the plaintiff and supplied them to D and F, and paid the price by D and F to the plaintiff.
[Ground of recognition] Facts without dispute, Gap 7 evidence, purport of the whole argument
2. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence No. 1 and evidence No. 4-14 as to the cause of the claim, the plaintiff supplied the defendant with 267,912,289 won in total from November 2013 to May 1, 2015, and the fact that the credit amount remaining as of May 1, 2015 exceeds KRW 80,000,000 that the plaintiff seeks as part of the claim, and there is no counter-proof.
Therefore, barring any special circumstance, the Defendant seeks to apply 80,000,000 won, among the credit payment amount to the Plaintiff, and 5% per annum prescribed by the Civil Act, from May 2, 2015 to September 25, 2015, the delivery date of a copy of the complaint, and 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of complete payment, respectively, to the Plaintiff, 20% per annum for this period. However, the amendment of the law is required.