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1. As to KRW 600,000,000 and KRW 200,000 among them, the Defendant shall pay to the Plaintiff KRW 600,000,000 from June 1, 2016, and KRW 200,000.
Reasons
1. Determination as to the cause of claim
A. The following facts are not disputed between the parties, or acknowledged as having neglected the overall purport of the pleadings in Gap evidence No. 1.
1) On February 4, 2016, the Plaintiff invested in the Defendant’s project to implement the Defendant’s Nam-gu Incheon Metropolitan City Officetel development. On February 4, 2016, the Defendant settled accounts of the principal of the investment and the total of KRW 800 million (including the portion that the parties had paid at the time) as indicated in the following table:
In addition, the agreement to pay interest of KRW 30 million by the end of February 2016 (hereinafter “instant agreement”) (hereinafter “instant agreement”).
(2) The Defendant paid to the Plaintiff the amount of KRW 200 million out of the agreed amount until December 2016 (=10 million won in the previous payment (20 million won in the second month) and the additional interest amount of KRW 100 million (200 million in the aggregate amount of KRW 200 million in September 30, 2016) by December 2016.
B. According to the above facts, the Defendant: (a) pursuant to the instant agreement, the remaining agreed amount of KRW 600 million ( = KRW 200 million: KRW 200 million: KRW 320 million; (b) from June 1, 2016, which is the day following the payment date; (c) from July 16, 2016, the day following the payment date for KRW 200 million to the Plaintiff; (d) from July 21, 2016, the delivery date of the application for modification of the purport of the instant claim until November 21, 2016; (15% per annum under the Commercial Act until the day following the date of full payment; and (5) the remaining amount of KRW 200,000,000,000,000, was not due as of the date of the closing of argument, but the date of payment as of August 30, 2016, respectively.
As for the payment date, each damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 1, 2016.
The defendant's above facts of recognition.