1. The Defendant’s KRW 50,947,790 for the Plaintiff and the Plaintiff’s annual rate from August 26, 2014 to November 2, 2016.

1. Basic facts

A. The Plaintiff is a company engaged in a reinforced glass manufacturing business, etc., and the Defendant is a person who runs a reinforced glass wholesale business with the trade name “B”.

The Plaintiff supplied the Defendant with reinforcement interest from around 2004 to December 2013.

B. On July 9, 2013, the Defendant drafted a letter of payment (hereinafter “instant letter of payment”) with the purport that “11,947,790 won per month shall be paid in 4,00,000 won per month in relation to the payment of the Plaintiff’s vehicle price” to the Plaintiff.

C. Accordingly, the Defendant paid KRW 20,00,000 in total to the Plaintiff on August 1, 2013, September 1, 2013, October 1, 2013, October 10, 2013, November 1, 2013, and January 2, 2014, respectively.

[Grounds for recognition] The items in Gap evidence Nos. 2, 3, 14, 15, 16, and Eul evidence No. 3 and the purport of the whole pleadings

2. Summary of the parties' arguments

A. As the Plaintiff’s assertion increases in the amount of money receivable for reinforced glass goods supplied to the Defendant, the Plaintiff and the Defendant agreed on April 2010 that the Plaintiff purchased the vehicle under its name and the Defendant shall pay 84,400,000 won for the vehicle and interest thereon each month.

Accordingly, the Defendant paid monthly installments and interest from April 2010 to January 2012, and the Defendant, around July 9, 2013, prepared the instant payment note as to KRW 111,947,790 in total, including KRW 80,000,000, out of the outstanding amounts of goods up to the time, to the Plaintiff at the time, around July 9, 2013.

However, the Defendant paid only KRW 20,000,000 among the above money to the Plaintiff, and thus, the Plaintiff claimed against the Defendant the remainder of KRW 91,947,790 and damages for delay.

B. The Defendant’s assertion was drafted for the purpose of final settlement of the outstanding amount receivable for reinforced glass products remaining between the Plaintiff and the Defendant, and the Defendant, after the formation of the above payment note, repaid the Plaintiff’s debt in addition to the above KRW 20,000,000, and all the Plaintiff’s claim for the payment of the goods against the Defendant was extinguished.

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