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1. The Defendant shall pay to the Plaintiff KRW 36,00,000 and the interest rate of KRW 15% per annum from December 10, 2016 to the date of full payment.
Reasons
1. Indication of claim;
A. On August 31, 2016, the Plaintiff agreed with the Defendant to succeed to the remainder KRW 150 million as a loan on August 31, 2016, when entering into a sales contract with the Plaintiff to purchase the instant real estate by setting the purchase price of KRW 285 million with respect to the KRW 1269 square meters (hereinafter “instant real estate”) among the Defendant and Seosung-si B (hereinafter “instant real estate”), and agreed to pay the Defendant the down payment of KRW 20 million as penalty for breach of the said contract.
B. On August 31, 2016, the Plaintiff paid a down payment of KRW 30 million to the Defendant.
C. On November 14, 2016, the Defendant agreed to pay to the Plaintiff the down payment and penalty of KRW 36 million by November 17, 2016.
Therefore, the Defendant shall pay to the Plaintiff the amount of KRW 36 million, including down payment, and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 10, 2016 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case.
2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);