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1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from August 3, 2017 to the date of complete payment.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion that: (a) on December 15, 2016, the Plaintiff would be supplied with non-ferrous metals, etc. from the Defendant; and (b) on December 15, 2016, the Plaintiff paid KRW 100,000 to the Defendant with the advance payment; (c) even though the Plaintiff demanded several times, the Defendant’s cancellation of the supply contract as it did not supply non-ferrous metals; and (d) accordingly, the Defendant is obligated to return the advance payment KRW 1
B. The defendant's assertion argues that the defendant did not return the advance payment to the defendant, who was not the party to the above supply contract, because the person who agreed to supply non-ferrous metals, etc. to the plaintiff is the space metal industry, which is not the defendant, and received KRW 100,000,000 from the defendant's account due to financial statements, and delivered the above money to the space metal
2. In full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1, and No. 2, it can be acknowledged that the plaintiff paid 100,000,000 won in advance to be supplied with non-ferrous metals, etc. from the defendant, and there is no dispute between the parties that the above supply contract was rescinded due to the defendant's non-performance of obligation.
On the other hand, the descriptions of the evidence Nos. 1 and 2 are not sufficient to recognize that the person who entered into a supply contract with the Plaintiff on non-ferrous metals, etc., unlike the above facts, is a stock company, and there is no other evidence to acknowledge it.
Therefore, the defendant is obligated to pay to the plaintiff 10 million won with 15% interest per annum from August 3, 2017 to the day of complete payment, which is the day following the delivery of the original copy of the payment order of this case.
3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.