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1. The defendant shall pay 5,04,000 won to the plaintiff and 12% per annum from February 19, 2019 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff, who operates a business with the trade name “C”, entered into a contract with Nonparty D Co., Ltd. (representative director, Defendant, hereinafter “Nonindicted Company”), and carried out waterproof construction, and had a claim against the Nonparty Company.
B. On October 10, 2018, the Plaintiff issued a collection order for the attachment and collection of the deposit claim against the non-party company and the third party debtor against the non-party company as the bank, the debtor as the non-party company and the third party debtor as the bank.
C. The employee of the non-party E Co., Ltd. who was requested to collect claims from the plaintiff on behalf of the plaintiff, prepared a repayment agreement with the plaintiff and the debtor as the defendant (the date of preparation is stated only in the year 2018). The defendant signed the repayment agreement with the plaintiff, the representative of the non-party E Co., Ltd. without the plaintiff's signature.
The summary of the above repayment agreement is as follows: “The amount of the original claim is KRW 45,870,000, but the agreed amount is set at KRW 30,000,000, and the Defendant makes installment payment to the Plaintiff in four times from January 29, 2019 to the end of each month. If the repayment date is set at the end of each month, this agreement shall become null and void, and shall pay a penalty of KRW 20,000,000 for the principal of the breach of the contract, and shall be legally subject to sanctions at the same time as the enforcement of the law. The additional legal measures shall be deferred at the time of the preparation of this agreement. The collection order shall be terminated immediately (the cost of termination shall be borne by the Defendant).
The E employee, who prepared the above agreement, presented the above agreement signed by the defendant to the plaintiff, and the plaintiff was unable to reach the agreement first, and signed the subsequent agreement, and on January 14, 2019, the above order of seizure and collection was issued.