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1. As to the Plaintiff KRW 50,000,000 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff KRW 50,000 from July 1, 2015, and KRW 20,00,000.
Reasons
1. Facts of recognition;
A. The Plaintiff remitted KRW 10,00,000 on June 20, 2014, and KRW 20,000,000 on June 24, 2014 to the account of MPD Co., Ltd (hereinafter “MSCD”), and the Defendant prepared and issued a letter of cash guarantee stating that “If the Plaintiff entered MS SPD only KRW 3,000,000,000, and this money was erroneously paid, all of the taxes are responsible for the Plaintiff.” On December 20, 2015, the Plaintiff would be resolved by the end of June 2015.”
B. On November 25, 2014, the Plaintiff remitted KRW 10,000,000 to the account under the name of the Defendant C, and KRW 10,000,00 on November 28, 2014, and the Defendant is liable for the Plaintiff’s cash guarantee, KRW 10,000,000,00, and the Defendant is liable for the Plaintiff’s failure of payment on May 25, 2014.
C. The Plaintiff did not receive a refund of money that the Plaintiff remitted from MSPD and C.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 8 (Evidence Nos. 2-1, 2-2, 4, and 7 of Gap are recognized as being the defendant's signature or the defendant's unmanned seal based on the result of appraiser D's written or fingerprint appraisal, and therefore the authenticity of the whole document is recognized as being established) and the purport of the whole oral argument
2. Determination
A. According to the above facts finding as to the cause of the claim, the Plaintiff is obligated to pay to the Defendant statutory interest or delay damages calculated at the rate of 50,000,000 won and 30,000,000 won, which is the day following the due date agreed by the Defendant for the payment from July 1, 2015 to July 1, 2015, 20,000,000,000 won, which is the day following the due date agreed by the Defendant for the delivery of the copy of each complaint from May 26, 2015 to November 9, 206, which is the day following the due date agreed by the Defendant for the delivery of the copy of each complaint from May 26, 2015 to the day of full payment.
B. As to the judgment on the Defendant’s assertion, the Defendant is also liable until May 22, 2015, which exceeded the deadline for the Defendant to assume responsibility.