beta
Text
1. The Defendants jointly pay to the Plaintiff KRW 16,700,000 and the interest rate thereon from July 12, 2019 to the date of full payment.
Reasons
1. Determination as to the Defendants’ claim for monetary payment based on the loan certificate (including the evidence Nos. 7 and 9, and each number)
A. The description of the claim is as shown in the annexed sheet of claim.
(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
C. The Plaintiff seeking payment of damages for delay calculated at the rate of 15% per annum from July 12, 2019, after the date of delivery of a copy of the instant complaint with respect to KRW 16,70,000. However, the Plaintiff’s statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, June 1, 2019) was changed to 12% per annum from June 1, 2019 pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, June 1, 2019). As to KRW 16,700,000, the Plaintiff did not accept the Plaintiff’s obligation to pay damages for delay exceeding the statutory interest rate of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 12, 2019 to the day of full payment.
2. Determination as to the claim for the purchase price unpaid against Defendant B
A. On July 16, 2012, the Plaintiff’s summary of the Plaintiff’s assertion: (a) sold in KRW 110,000,000 the Plaintiff’s voice-gun E, Chungcheongbuk-gun, which was owned by the Plaintiff; (b) concluded a sales contract with Defendant B to pay KRW 85,00,000 to the Plaintiff for the Plaintiff’s creditorF association, which was completed on the said land on behalf of the Plaintiff; (c) in lieu of a partial payment of the said purchase price; and (d) the remainder of KRW 25,00,000 (=10,000 - 85,000,000,000).
Accordingly, even though the Plaintiff completed the registration of ownership transfer with respect to the above land pursuant to the above sales contract, Defendant B did not pay the Plaintiff KRW 25,000,000,000.