손해배상(기)
1. As to the Plaintiff’s KRW 50 million and KRW 25 million, the Defendant shall pay to the Plaintiff the remainder of KRW 25 million from April 21, 2015 and KRW 25 million.
1. On March 20, 2015, the Plaintiff and the Defendant prepared a letter of commitment performance on March 20, 2015, and obtained certification from a notary public as a notary public of the Republic of Korea No. 79 on the same day. Of the contents of the said letter of commitment performance, matters related to the instant case are as follows:
The defendant and the plaintiff shall pay the plaintiff's property value prior to the report of marriage in 2013 and the amount of expenditure for company operation expenses, etc. after the report of marriage, and the amount of capital of C Co., Ltd. shall be paid and KRW 50 million paid by the plaintiff to the company.
The payment made by the Defendant to the Plaintiff is the amount that includes all amount of credit and expenses incurred or borne by the Plaintiff in relation to the Defendant, such as the transfer price of D Co., Ltd., and all bonds and obligations incurred prior to this day between the Defendant and the Plaintiff shall be extinguished, and no objection shall be raised against each other in the future.
The time when the defendant pays to the plaintiff shall be according to the progress of the business of the company, and the remaining amount shall be paid within one month from the gold day and within three months.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. The assertion and judgment
A. According to the facts as to the cause of the claim, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 50 million won per annum from April 21, 2015 with respect to the amount of KRW 50 million and KRW 25 million, and from June 21, 2015 with respect to the remainder of KRW 25 million, 5% per annum from June 21, 2015 to November 8, 2016, each of which is served on the Defendant, and 15% per annum from the following day to the date of full payment.
(Plaintiff filed a claim for the payment of damages for delay from March 20, 2015 for KRW 50 million, but according to the basic facts, it is reasonable to deem that the payment period of KRW 25 million out of KRW 50 million is April 20, 2015, and that the remaining payment period of KRW 25 million is June 20, 2015, and that the remaining payment period of KRW 25 million is June 20, 2015. Therefore, the Plaintiff’s above assertion is with merit within the above recognition scope).