A. The Plaintiff, the Defendant, and C acquired a building on the ground by a public auction after jointly investing the land D in Seongbuk-gu, Sungnam-si, and then newly built a commercial building after acquiring it as an auction.

B. On December 29, 2011, the said three parties distributed the sectional ownership after the completion of the construction of the said building and registered individual shares as equal to each share, and settled that C’s claim amounting to KRW 206,068,60,000, the Plaintiff’s claim amounting to KRW 466,306,30, and the Defendant’s claim amounting to KRW 672,374,90.

C. On January 5, 2012, the Defendant drafted a cash custody certificate with the purport that the Plaintiff shall pay 293,931,400 won payable for the settlement of accounts to the Plaintiff until April 30, 2012, but shall pay 12% interest per annum.

Until May 7, 2012, the defendant repaid part of the principal and interest of the above accounts and left 140,000,000 won of the principal and interest of the accounts payable.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 140,000,000 won unpaid settlement and damages for delay calculated at the annual rate of 12% per annum from May 8, 2012 to April 2, 2019, which is the day following the last repayment of the complaint in this case, from May 8, 2012, which is the day following the day of service of the complaint in this case; the following day to May 31, 2019; the provisions on special cases concerning the promotion, etc. of Legal Proceedings; the provisions on statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019); and the following day to the day of full payment.

(The main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) that reduces the statutory interest rate from 15% per annum to 12% per annum, was enforced from June 1, 2019, and the portion exceeding 12% per annum out of the claim for delay damages after June 1, 2019.