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1. The Defendant’s KRW 431,90,000 as well as the Plaintiff’s annual 5% from September 22, 2016 to July 21, 2017, and the following.
Reasons
1. Basic facts
A. On May 9, 201, the Plaintiff supplied B Co., Ltd. (hereinafter “B”) and B with B with B-10,000,000 won (including value added tax) and KRW 550,000 (hereinafter “instant facilities”). KRW 50,000,000 on the date of the contract, and the remainder of KRW 50,000,000 on the date of the supply of the instant facilities, the Plaintiff entered into a contract with the Plaintiff to reserve the ownership of the instant facilities until all of the instant facilities are paid.
(hereinafter “instant contract”). (b)
Around that time, the Plaintiff received 50,000,000 won as down payment from B, and around August 201, the Plaintiff installed the instant facilities, but B did not pay any balance due to a business accident.
C. Accordingly, on January 14, 2012, B and the Plaintiff paid 500,000,000 won to the Plaintiff by January 31, 2012, and the Plaintiff agreed to pay 58,100,000,000 won (including the value-added tax) upon issuance of a marina tax invoice from B after the remainder payment. The Defendant as the representative director of B, and C and D as employees of B, jointly and severally guaranteed B’s obligations under the above agreement on the same day.
B did not pay any balance to the Plaintiff until January 31, 2012, and thereafter, the Plaintiff prepared a written statement stating that “the remainder of the instant facilities shall be paid, and the Plaintiff shall have ownership to the instant facilities prior to the completion of the remainder payment,” on several occasions according to the Plaintiff’s demand for the remainder payment, but did not continue to pay any balance.
E. Ultimately, B decided to return the instant facility possessed by B until December 17, 2012 to the Plaintiff, and, “B” prepares a letter stating that “B recognizes the Plaintiff to recover the facilities due to the portion due to the unpaid interest due to the failure to pay the cost of the facilities, and promises to assume civil and criminal responsibilities arising from the recovery in the future.”