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1. The Defendant’s KRW 35,00,000 as well as the Plaintiff’s annual rate of KRW 15% from May 9, 2019 to May 31, 2019.
Reasons
1. Facts of recognition;
A. A. Around September 2008, the Plaintiff decided to purchase the power generation facility 2 from the Defendant in KRW 70 million, and transferred the purchase price to the Defendant in KRW 50 million on September 9, 2008 and KRW 20 million on October 28 of the same year.
B. However, the Plaintiff did not receive the said power generation facility 2 from the Defendant, and on around 2016, agreed from the Defendant to receive a refund of KRW 40 million out of the said purchase price of KRW 70 million (hereinafter “instant agreement”). Around that time, the Plaintiff received KRW 5 million from the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount agreed upon under the agreement in this case (i.e., KRW 40 million - five million) and damages for delay calculated at the rate of 12% per annum 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) from May 9, 2019 to May 31, 2019, which is the day following the date of payment of the complaint filed by the plaintiff.
(A) The Plaintiff claimed damages for delay calculated at the rate of 15% per annum from the day after the delivery of the instant complaint to the day of full payment. However, as the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended by Presidential Decree No. 29768 on May 21, 2019, Article 2(2) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies 12% per annum, which is the statutory interest rate under the amended provisions, from June 1, 2019 to the day of full payment. Therefore, the part claiming damages for delay exceeding the above recognition scope is without merit).
Defendant’s assertion