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1. The Defendant shall pay to the Plaintiff KRW 27,00,000 and the interest rate of KRW 20% per annum from May 22, 2014 to the day of complete payment.
Reasons
1. In full view of the purport of the arguments in Gap's statements Nos. 1, 2, 4, and 1, 1, and 2 as to the cause of the claim, the plaintiff agreed to purchase from the defendant on April 23, 2007 the first floor C No. 102 (hereinafter "the loan of this case") at permanent residence on April 23, 2007, and paid 10 million won as the down payment to the defendant. After that, the plaintiff paid 42 million won from the defendant on May 20, 201, he decided that the plaintiff would use the above money to cancel the registration of the establishment of the establishment of the mortgage of the loan of this case. However, even if the defendant received the above 42 million won from the plaintiff, the defendant was not willing to use the plaintiff as the cancellation of the registration of the establishment of the establishment, and the defendant was dismissed by the defendant on May 20, 201, which was sentenced to suspended execution of the above 200 million won for the above criminal case.
According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 27 million won (i.e., the intermediate payment of KRW 10 million 42 million - KRW 25 million) and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 22, 2014 to the date of full payment after the duplicate of the complaint of this case was served.
2. The defendant's assertion argues that the above KRW 10 million should be excluded from the purchase price paid by the plaintiff, under the agreement between the plaintiff and the plaintiff, to pay the down payment of KRW 10 million to the defendant in the name of the expenses in which the plaintiff resided in the loan of this case.
There is no evidence to acknowledge the agreement that the plaintiff paid the down payment of KRW 10 million to the defendant as residential expenses.
Rather, it is true.