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1. The Defendant’s KRW 40,000,000 as well as annual 5% from January 31, 2013 to April 22, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company aimed at the development, manufacture, and sales business of cutting electricity, and the Defendant is the representative director of B (hereinafter “B”) of a company engaged in cutting electricity sales business.
B. The Defendant entered into an agency contract with the Plaintiff while operating the personal business entity B, and had been engaged in the business of selling electricity, etc. from March 2, 2007. After the Defendant established B on January 14, 2009, the former agency relationship between the Plaintiff and B continued.
C. On February 1, 2012, the Plaintiff supplied 20 units of Section C to Ulsan Factory, and received KRW 97,00,000 out of the total price of KRW 98,974,50,000, around February 1, 2012.
The Plaintiff received KRW 66,300,000,000 out of the total amount of KRW 104,181,000,000 from D around July 9, 2012.
E. On September 3, 2012, the Plaintiff supplied one unit of electricity for household use to the pentmix Office Co., Ltd. and was not paid KRW 147,000.
F. Upon demanding the Plaintiff to pay the unpaid goods, the Defendant, on September 30, 2012, signed the cash custody certificate (Evidence A No. 1; hereinafter “the cash custody certificate of this case”) stating that “The cash custody box of KRW 40,000,000 per day” was fixed on January 30, 2013, and issued it to the Plaintiff with the seal affixed.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, 5, evidence 7-1, 2, 3, 8, evidence 9-1, 2, 10, Eul evidence 1, 4, and 11, and the purport of the whole pleadings
2. The Plaintiff asserts that the Defendant sought payment of KRW 1,974,500 for C’s portion, KRW 37,881,00 for D’s portion, KRW 147,00 for D’s portion, and KRW 40,000 for the portion of pentms supply, which reduced KRW 2,500 from KRW 40,000,000 for the total amount of the outstanding amount of goods.
However, according to the above facts of recognition, the above goods are ordered to the Plaintiff.