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1. The Defendant shall pay to the Plaintiff KRW 22,00,000 and the interest rate of KRW 12% per annum from April 17, 2018 to the date of complete payment.
Reasons
1. Basic facts
A. On September 25, 2014, the Plaintiff entered into a contract with the Defendant to transfer the right of lease, facilities, and goods, etc. regarding the “D” business on the first floor 418.92 square meters of Si-si-si Building 1 to KRW 75 million (hereinafter “instant contract”) and transferred the right of lease, facilities, and goods, etc. to the Defendant around that time.
B. According to the instant contract, KRW 25 million is the remainder KRW 32 million as of November 5, 2014 when entering into a contract, the intermediate payment of KRW 18 million is paid respectively on March 30, 2015.
C. On September 18, 2014, the Defendant paid to the Plaintiff a down payment of KRW 25 million, and the intermediate payment of KRW 18 million on October 8, 2014, respectively, and paid KRW 10 million out of the remainder on August 31, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the unpaid KRW 22 million out of the remainder under the instant contract (i.e., KRW 32 million - KRW 10 million) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 17, 2018 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order.
3. The defendant's defense defense is asserted to the effect that the remaining amount payable is merely KRW 16 million by paying to the plaintiff additional payment of KRW 1 million on June 12, 2015 and KRW 5 million on the date non-scheduled.
Comprehensively taking account of the purport of the entire argument in the statement No. 1 of Eul, the fact that the defendant paid KRW 1 million to the plaintiff on June 12, 2015 is recognized, but there is no dispute between the parties as to the fact that the above money was repaid to the plaintiff by the defendant for KRW 1 million borrowed from the plaintiff.
(1) The Defendant paid each of the Plaintiff KRW 5 million on October 31, 2014 and KRW 5 million on February 28, 2015 to the Plaintiff, in full view of the purport of the entire pleadings as indicated in the evidence No. 3, that the Defendant paid the Plaintiff KRW 4,00,000,000,000 to the first day for pleading.