계약금등
1. The defendant shall pay 252,214,280 won to the plaintiff and 20% per annum from November 27, 2009 to the day of full payment.
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
3. Partial dismissal;
A. On September 14, 2009, the Plaintiff filed a lawsuit against the Defendant for the claim of down payment, etc. with the Busan District Court Branch Branch 2009Kahap4328. On November 12, 2009, the Busan District Court rendered a judgment to the effect that “the Defendant shall pay to the Plaintiff the amount equivalent to 257,650,000 won and the amount equivalent to 20% per annum from September 18, 2009 to the date of full payment,” and the above judgment became final and conclusive on December 9, 2009 (hereinafter referred to as “instant judgment bond”).
(2) On November 26, 2009, the Plaintiff received KRW 15,318,185 from the Defendant as the repayment of the instant judgment bond.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
B. The gist of the Plaintiff’s assertion is that the Plaintiff shall pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from September 18, 2009 to January 3, 2010, both KRW 15,318,185, which the Plaintiff received from the Defendant, to KRW 257,650,000 per annum from September 18, 2009 to KRW 257,650 per annum from January 4, 2010.
C. 1) Determination 1) When calculating damages for delay from September 18, 2009 to November 26, 2009, the Plaintiff received KRW 15,318,185 from September 18, 2009 with respect to the principal amount of the judgment bond of this case 257,650,000 won, 9,882,465 won (the amount below won shall be discarded).
hereinafter the same shall apply.
In addition, if the above 15,318,185 won is legally appropriated for payment, the amount of the judgment in this case remains 252,214,280 won and the amount of the judgment in this case remains 252,214,280 won, and the interest rate applicable to the amount of the principal to be appropriated for the interest accrued on the first day of November 26, 2009 (26, 15,318,185 257,650,650,000 on September 18, 2009, the amount of the principal appropriated for the interest accrued on the second day of November 269, 2009; 89,882,465,882,465,465,435,720,252,214,280.