beta
Text
1. The defendant shall pay 430,180,000 won to the plaintiff and 12% per annum from July 12, 2019 to the day of complete payment.
Reasons
1. Indication of the request (personal part);
A. On February 20, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 430,180,000,00 for KRW 764 square meters prior to Seopo-si, Seopo-si (hereinafter “instant sales contract”). Around that time, even though the Defendant paid the purchase price in full to the Defendant, the Defendant failed to comply with the procedure for the registration of transfer of ownership to the Plaintiff until the expiration of the due date, notwithstanding the Plaintiff’s demand
B. Since the Plaintiff expressed to the Plaintiff an intention to cancel the instant sales contract on the ground of the Defendant’s delay in performance, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 12% per annum from July 12, 2019 to the day following the delivery date of the copy of the instant complaint sought by the Plaintiff, which is the day of complete payment, from July 12, 2019 to the day of complete payment.
2. The Plaintiff is claiming damages for delay at the rate of 15% per annum for the period from the day after the delivery of a copy of the complaint of this case to the day of complete payment. However, according to 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 (wholly amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate under the main sentence of Article 3(1) of the above Act is 12% per annum. Article 2(2) of the Addenda provides that “The statutory interest rate for a case in which the first instance trial is pending before the court at the time this Decree enters into force, and the legal interest rate for the case for which the first instance trial has not been concluded shall be governed by the previous provisions until May 31, 2019, and from June 1, 2019, the part for which the Plaintiff seeks damages for delay calculated by the Plaintiff to the Defendant exceeding 12% per annum from the day after the day of this case.
3. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;