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1. The Defendant’s KRW 17,410,960 for the Plaintiff and KRW 5% per annum from August 3, 2016 to November 25, 2016.
Reasons
1. Facts of recognition;
A. On February 19, 2013, the Plaintiff transferred 99 shares of the Plaintiff’s specialized construction mutual aid association (hereinafter “the instant investment certificates”) to the Defendant for KRW 88,410,960 (the total amount of KRW 99 shares x 893,040) per unit, and the Plaintiff was notified on February 20, 2013 that the change of ownership was made in the name of the Defendant by the Specialized Construction Mutual Aid Association.
B. On February 20, 2013, the Defendant obtained a loan of KRW 71,00,000 as security of the instant investment certificate from the Nonparty Cooperative, and paid KRW 71,00,000 to the Plaintiff on the same day.
C. On September 2, 2013, the Defendant revoked the registration of construction business by filing a report on discontinuance of business with the mayor of the Jinju.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 2, 4, Eul evidence Nos. 2 through 4, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the balance of 17,410,960 won of the transfer price of the investment certificate of this case (88,410,960 won - 71,00,000 won) and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from August 3, 2016 to November 25, 2016, which is the day following the delivery date of the complaint of this case, and from the next day to the day of full payment, 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, barring any special circumstance.
3. As to the Defendant’s assertion, the Defendant, while acquiring the instant investment certificate between the Plaintiff and the Plaintiff, agreed that the Defendant received a loan to the Plaintiff as much as the amount available for the loan from the Nonparty Association as the security of the instant investment certificate, and the Defendant received a loan from the Nonparty Association and paid the Plaintiff the full amount of KRW 71,00,000,000, the Defendant asserted that the transfer price of the instant investment certificate was
The statements of evidence Nos. 2 and 3 are alone made between the Plaintiff and the Defendant.