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1. Defendant C’s KRW 50,000,00 and the Plaintiff’s 15% per annum from November 13, 2018 to May 31, 2019.
Reasons
1. Claim against Defendant C
A. On April 18, 2009, Defendant C drafted and delivered a cash storage certificate (hereinafter “instant cash storage certificate”) with the following content to the Plaintiff.
E Company (Defendant C) shall set forth conditions in the custody of KRW 50,000,000 from the Plaintiff.
E Company shall pay 10% of cash sales among the total sales proceeds of the day and 5% of card sales at the same time as the termination of funeral services each day in conducting local clothing sales events, and the Plaintiff shall actively cooperate in this sales event.
When the sale is delayed for at least 15 days due to circumstances, E company shall pay legal interest and service charges for human resources, mental compensation, principal, etc.
The E company shall pay the E company, whether in cash or at the request of the plaintiff, within three months from the time it becomes unable to sell due to circumstances.
If the above contents are not fulfilled, the E Company shall comply with the plaintiff's presentation in any responsibility.
[Ground of recognition] Facts without dispute, Gap 1, the purport of the whole argument
B. According to the above facts, it is reasonable to view that Defendant C agreed to return KRW 50,00,000 that was paid by the Plaintiff to the Plaintiff in the event that the Defendant C did not comply with the above contents by preparing the cash custody certificate of this case. As to this, Defendant C asserted that the cash custody certificate of this case was prepared by the Plaintiff’s coercion under the influence of alcohol, and thus, Defendant C cannot respond to the Plaintiff’s request.
However, there is no evidence to acknowledge that Defendant C, while under the influence of alcohol, drafted a cash custody certificate of this case by coercion by the Plaintiff. Thus, the above assertion by Defendant C is rejected.
Next, Defendant C alleged that he paid interest to the Plaintiff at the Plaintiff’s request and provided the clothing equivalent to KRW 60 million to KRW 70 million. However, there is evidence to prove that Defendant C’s clothes paid to the Plaintiff amount to KRW 60 million to KRW 70 million.