beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The plaintiff is a person who runs the clothes processing business under the trade name B, and the defendant is a corporation that runs the clothes manufacturing and wholesale and retail business.
B. The Plaintiff and the Defendant have processed original parts supplied by the Defendant from around 2012 to October 2015 as clothing and supplied them to the Defendant.
C. On October 30, 2015, the Defendant drafted and issued to the Plaintiff a written confirmation that he/she will make each payment of KRW 5 million at the price for the processing of the contract (hereinafter “instant written confirmation”) to the Plaintiff on November 20, 2015, KRW 2.5 million at the end of March 2016, KRW 2.5 million at the end of April 2016, and KRW 2.5 million at the end of May 2016.
On November 20, 2015, the Defendant paid 5 million won to the Plaintiff according to the instant confirmation document, but did not pay the remainder 7.5 million won.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings.
2. The assertion and judgment
A. According to the above facts, the Defendant is obligated to pay the remaining 7.5 million won out of the consignment processing amount under the instant written confirmation and the damages for delay by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 31, 2016 to the day of full payment, as the Plaintiff seeks.
B. On September 15, 2015, the summary of the Defendant’s argument on the Defendant’s assertion on invalidation and revocation (a) the Defendant ordered the Plaintiff to receive KRW 3,000,00, from the Plaintiff by October 15, 2015.
However, the Plaintiff forced the Defendant to prepare the instant confirmation document, such as not delivering the said letter by the delivery date, and threatening the Defendant not to deliver it, and the Defendant who was in an imminent situation where the said letter was to be delivered to C.