1. The defendant's KRW 38,073,365 to the plaintiff is 5% per annum from June 12, 2020 to March 11, 2021.

1. Basic facts

A. The Plaintiff has a claim for late-payment damages calculated at the rate of 12% per annum from July 31, 2019 to the day of full payment, based on the authentic copy of the notarial deed No. 59 of 2019, and No. 60 of 2019, based on the executory copy of the notarial deed No. 50 of 2019, Jul. 31, 2019, with respect to Nonparty C.

B. The Plaintiff was issued a seizure and collection order (hereinafter “instant claim seizure and collection order”) with respect to the claims indicated in the separate sheet No. 2460 against the Defendant in the Suwon District Court Branch 2020, and with respect to the claims indicated in the separate sheet No. 2460 against Nonparty C, in order to obtain repayment of the claims described in the above paragraph A against Nonparty C (hereinafter “instant claim”).

On June 11, 2020, the copy of the collection order of the instant claim reaches the Defendant.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above findings of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 70,200,000 collected and the delayed damages, barring any special circumstance.

B. The defendant's defense 1) The defendant asserts to the purport that the above money should be deducted from the collection amount to be paid to the defendant, since the amount of the debt and the amount of compensation for losses as of the time of termination of the contract of this case is KRW 32,126,635, among the claims to return the deposit under the vehicle operation and business support contract between the plaintiff and the plaintiff.

2) In full view of the purport of the entire pleadings in the statements in Eul evidence Nos. 1 through 3, when entering into a vehicle operation and business support contract, the non-party C and the defendant paid the defendant a deposit of KRW 81,00,000 to the defendant. According to the contents of the above vehicle operation and business support contract, if the outstanding amount related to C arising from the sales of the vehicle, the defendant may offset the outstanding amount from the service support fee to be paid to C. In addition, upon the termination of the above contract, C shall preferentially pay all obligations and damages related to the above contract as a deposit.