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1. The Defendant: (a) KRW 21,00,000 as well as the Plaintiff’s KRW 20% per annum from July 24, 2015 to September 30, 2015; and (b) October 1, 2015.
Reasons
1. The fact that, around August 27, 2012, the Defendant issued and delivered a promissory note with a face value of KRW 21 million to the Plaintiff, and on September 30, 2012, the place of payment and the place of payment (hereinafter “instant promissory note”) to the Plaintiff, there is no dispute between the parties concerned.
Therefore, the Defendant, who is the issuer of the Promissory Notes, is obligated to pay to the Plaintiff, the holder of the Promissory Notes the amount of KRW 21 million and damages for delay calculated at the rate of 20% per annum from July 24, 2015 to September 30, 2015, which is the day following the delivery date of a copy of the Promissory Notes, and 15% per annum from the next day to the day of full payment, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
(1) The Plaintiff filed a claim with the Defendant for the payment of damages for delay at the rate of 20% per annum from the day following the date of the delivery of the interest and the copy of the complaint from October 1, 2012, but there is no evidence to deem that the Plaintiff had presented the payment of the Promissory Notes to the Defendant before July 23, 2015, which is the date of delivery of the copy of the complaint of this case. The interest rate under the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings was 15% per annum from October 1, 2015, and thus, the Plaintiff’s claim for interest and delay damages exceeding the above recognition limit is without merit).2. On August 2, 2012, the Plaintiff concluded a sales contract (hereinafter “the sales contract of this case”) with the Defendant that purchased KRW 660,000,000 from the Defendant for purchase price of KRW 25,000,000 from the Defendant around August 1, 2012.
(A) The Defendant issued for the return of down payment and intermediate payment that the Plaintiff received from the Plaintiff as above, and the Plaintiff did not pay the remainder of the sales contract of this case, and the sales contract of this case still remains effective.