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1. The defendant shall pay 32,00,000 won to the plaintiff and 20% per annum from August 19, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff Company was in fact under D’s management since January 16, 2013 because C, the representative director of the Plaintiff Company, failed to repay KRW 500 million to creditors D.
B. In order to settle the debt to D and to recover the management right of the Plaintiff Company from D, on April 2013, C performed the management right of the Plaintiff Company by investing KRW 500 million in the Plaintiff Company to D, and then sought the management right of the Plaintiff Company from D. If C performed the management right of the Plaintiff Company, it would transfer the management right of the Plaintiff Company to E, but it would be paid the benefits arising therefrom by engaging in business activities for the customer who the Plaintiff Company owned.
E accepted its proposal, and the Plaintiff Company drafted, respectively, the letter of agreement dated May 13, 2013 and the letter of business consultation dated May 29, 2013 with the aforesaid purport with E.
C. On June 23, 2013, E sold the gold penalty of the Plaintiff Company (hereinafter “the gold penalty of this case”) to the Defendant for KRW 42 million in scrap metal.
C, for a period of more than three months, there was a difference between E and the Plaintiff Company's operation in August 2013, which did not implement the commitments related to factory operation for more than three months.
At the time, E asserted the invalidity of the agreement related to the Plaintiff Company, and C, upon September 2, 2013, notified E of the effect of the agreement related to the Plaintiff Company and the completion of the agreement at the Plaintiff Company’s factory, and E accepted the agreement from the Plaintiff Company around that time.
E. On September 9, 2013, the Defendant paid KRW 10 million out of the gold scrap metal proceeds to the Plaintiff Company. On September 11, 2013, the Defendant paid KRW 18,962,100 out of the gold scrap metal proceeds to E.
F. E is a machine owned for the Plaintiff Company, with delegation from C to manage the Plaintiff Company in fact by settling its debt relations with D and finding management rights of the Plaintiff Company and managing the Plaintiff Company in a normal manner.