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1. The Defendant’s KRW 13,00,000 as well as 5% per annum from December 27, 2012 to June 3, 2016 to the Plaintiff.
Reasons
According to Gap 1 and 2's statement as to the cause of the claim, around September 201, at the request of the defendant and C, and around September 201, the plaintiff imported a reduction of KRW 764 from New Zealand. The defendant received a request from C to purchase KRW 70,000 per one box from New Zealand to sell in Korea. The defendant was found guilty on September 21, 201, "I would like to purchase KRW 764 from the plaintiff and purchase KRW 70,000 per one box from New Zealand." The defendant was found guilty on September 6, 201, although the plaintiff had no intention or ability to pay the reduction even if I purchased the reduction from the plaintiff, "I would have brought the reduction to warehouse with good condition, and would have received KRW 200,700,000,000,000,000 from the Incheon Southern District Court's criminal facts, but sentenced to a fine of KRW 201,251,214.251.
The fact that “A” is drawn up and delivered to the Plaintiff can be recognized.
On the other hand, the Plaintiff is a person who received reimbursement of KRW 20 million from the Defendant on January 27, 2015 in a criminal trial in the above criminal case. According to the above facts acknowledged, the Defendant is obligated to pay KRW 23 million to the Plaintiff and damages for delay.
As to the defendant's argument, the defendant's rejection of the above payment is a condition precedent that the defendant shall pay the plaintiff KRW 25 million under the condition that the defendant shall receive KRW 23 million from C, and the defendant has not yet received KRW 23 million. Thus, the defendant's rejection of the above payment becomes invalid due to non-performance of the condition, but the time of payment is specified as of December 26, 2012.