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1. The Defendant shall start on June 3, 2017 with respect to the Plaintiff A’s KRW 30,000,000, and KRW 148,00,000, and each of the above amounts.
Reasons
1. Facts of recognition;
A. The Plaintiffs agreed to make an investment in the construction of housing by purchasing land in Australia and agreed that the Defendant and the Defendant purchased the land in Australia, and agreed to acquire part of the shares of real estate 22.5 hectares located in D and Austra (hereinafter “instant real estate”). The Plaintiffs transferred KRW 30,000,000 to the Defendant around December 201, and Plaintiff B transferred KRW 40,000 to the Defendant on November 30, 201, and KRW 148,000,000,000 each on December 23, 2011, including KRW 108,000,000,000.
B. Around October 5, 2015, the Defendant sold the instant real estate to a third party.
C. On May 6, 2017, the Defendant: (a) written a letter of intent to remit KRW 30,000,000 received from the Plaintiff to the Plaintiff by June 2, 2017; and (b) written a letter of intent to transfer KRW 148,00,000 received from the Plaintiff to the Plaintiff B by June 2, 2017 (hereinafter “each letter of this case”).
【Ground of recognition】 Facts without dispute between the parties concerned; entries in Gap evidence 1 through 8 (including each number; hereinafter the same shall apply) and the purport of whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff A 30,000,000, 148,000,000, and 148,000,000, and each of the above amounts to the Plaintiff B from June 3, 2017 to February 14, 2019, 5% per annum as prescribed by the Civil Act, from the following day to May 31, 2019, and to pay damages for delay calculated at a rate of 12% per annum as prescribed by the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Amended by Presidential Decree No. 29768, May 21, 2019); and 15% per annum as stipulated under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Amended by Presidential Decree No. 29768, May 21, 2019).
The costs are the interest rate of 15% per annum from June 1, 2019 to the date of full payment.