1. The Defendant’s KRW 60,000,000 as well as 15% per annum from July 17, 2018 to May 31, 2019 to the Plaintiff.

1. On January 26, 2018, the Plaintiff entered into a sales contract with the Defendant to sell the purchase price of KRW 1,150,000,000 (the contract amount of KRW 115,000,000 at the time of the contract, the balance of KRW 1,035,000,000,000 at the time of the contract) for the land for a factory and its ground (hereinafter “instant factory”) in Ansan-si, the Plaintiff entered into a sales contract with the Defendant on March 23, 2018.

In the above sales contract, the Plaintiff and the Defendant concluded a special agreement that the Defendant would take over the Plaintiff’s gold permit (including all of the environmental facilities arising from gold business, such as air, wastewater, and malodor discharge facilities) and the facilities following the agreement (including the facility under gold business, such as skra, and sk pipes) by no later than the remainder date.

On March 2018, the Plaintiff and the Defendant agreed to grant a permit for the gold and the cost of equipment (hereinafter “the instant purchase price”) under the said special agreement as KRW 110,00,000 (including value-added tax).

On April 16, 2018, the Defendant paid KRW 50,000,00 to the Plaintiff out of the instant purchase price.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid purchase price of KRW 60,000,000 (=110,000,000 - 50,000,000) and the damages for delay calculated at the rate of 15% per annum from July 17, 2018 to May 31, 2019 (Special Act on the Promotion, etc. of Legal Proceedings) and from the next day to the day of full payment (the date of full payment).

As the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings were amended by Presidential Decree No. 29768 on May 21, 2019 and enforced on June 1, 2019, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 15% per annum, and it was 12% per annum from June 1, 2019. Thus, the claim for delay damages for the period after June 1, 2019 is justifiable only within the amount calculated at the rate of 12% per annum, and the remainder is groundless.

B. The defendant.