매매대금
1. The Defendant: (a) KRW 13.5 million to the Plaintiff and the Plaintiff’s 15% per annum from December 6, 2018 to May 31, 2019; and (b).
According to the statement in Gap evidence Nos. 1 through 5, on February 26, 2018, the plaintiff entered into a contract to sell 1/10 of the ship listed in the attached list to the defendant for KRW 145 million (hereinafter "the sales contract of this case") and the plaintiff received the down payment of KRW 41.5 million from the defendant and completed the registration of ownership transfer for the ship.
With respect to the Plaintiff’s claim for the purchase price under the instant sales contract, the Defendant cannot respond to the Plaintiff’s claim before removing the defect and burden on the vessel.
In full view of the facts stated in Gap evidence Nos. 6 through 13 and the whole purport of the pleadings, the defendant can be recognized as having concluded the sales contract of this case by acquiring all the obligations related to the ship. Thus, the defendant's defense is without merit.
Therefore, the Defendant is obligated to pay to the Plaintiff 13.5 million won (145 million won - 41.5 million won) which was not paid out of the purchase price of the instant sales contract and the amount equivalent to 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings before Amendment from December 6, 2018 to May 31, 2019, which is the day following the delivery of a copy of the instant complaint, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
The plaintiff's claim shall be accepted on the grounds of its reasoning.