계약금 등 반환
1. The Defendant shall pay to the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from December 4, 2015 to the date of full payment.
Comprehensively taking account of the purport of the entire pleadings as indicated in the evidence Nos. 1 and 2, the Defendant leased the lease deposit of KRW 100,000,000, monthly rent of KRW 10,000,000 (hereinafter “the instant store”) located in Gwangjin-gu, Seoul. The Plaintiff and the Defendant concluded a contract with the Defendant to transfer the lease right and facilities related to the instant store at KRW 215,00,000 on December 27, 2014 to the Defendant for transfer of KRW 215,00,000 for the transfer price (hereinafter “the instant contract”), as the down payment per contract, KRW 20,00,000 for the intermediate payment on February 13, 2015, and the remainder payment of KRW 60,00,000 for the intermediate payment on April 30, 2015, and the Plaintiff did not pay the remainder to the Defendant for the remainder of KRW 50,000,00 for the remainder payment.
According to the above facts, since the contract of this case was lawfully rescinded according to the plaintiff's right of rescission, the defendant is obligated to return the amount already received to the plaintiff as restitution to its original state, and to pay the penalty of KRW 20,000,000 presumed to be the liquidated damages.
Therefore, the defendant is obligated to pay to the plaintiff 100,000,000 won (=80,000,000 +20,000,000) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 4, 2015 to the date of full payment, as claimed by the plaintiff, as it is the day after receiving the above payment or contract violation. Thus, the plaintiff's claim of this case is with merit within the scope of the above recognition.