1. The Defendant’s KRW 85,955,300 for the Plaintiff and 6% per annum from July 26, 2019 to October 28, 2019.

1. Facts of recognition;

A. On January 1, 2019, the Plaintiff: (a) received from the non-party company D (hereinafter referred to as “non-party company”) with the Defendant’s representative (hereinafter referred to as “non-party company”); and (b) completed the business by June 30, 2019.

B. Although the non-party company agreed to settle the above service price each month and pay it by no later than the 25th day of the following month, the non-party company did not pay KRW 6,769,750 among March 2019, KRW 36,677,300 for April 3, 2019, and KRW 42,730,875 for May 2019, and the non-party company also issued an order to pay KRW 39,77,375 for June 39, 2019.

total (125,955,300 won). (c)

Accordingly, on July 1, 2019, the Plaintiff promised, from the Defendant, that “In any case, the amount unpaid with respect to the above service payment shall be liable for and payable to the Defendant’s individual.”

[Evidence] Facts without dispute, Gap evidence Nos. 1 to 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, it is reasonable to view that the defendant concurrently assumed the above service payment obligation against the plaintiff of the non-party company. Meanwhile, the plaintiff was paid 20 million won from the non-party company on February 28, 2020 and May 15, 2020, respectively. Thus, the defendant, barring any special circumstance, has a duty to pay the remaining 85,955,300 won to the plaintiff according to the letter of commitment dated 1, 2019 (i.e., service payment total of KRW 125,955,300 - repayment amount of KRW 40 million) and damages for delay calculated annually from July 26, 2019 to October 28, 2019, the original copy of the payment order of this case from the day following the date of payment to the date of delivery of the original copy of the payment order of this case, to 6% per annum under the Commercial Act, and 12% per annum per annum as to the promotion of litigation.

B. As long as the Defendant, on July 15, 2019, written undertaking that Nonparty Company and F Co., Ltd. would pay the Plaintiff KRW 50 million out of the service payment until September 30, 2019, and the remainder by October 31, 2019, the Defendant is the Defendant as the Plaintiff.