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1. The Defendant shall pay to the Plaintiff KRW 3,00,000 and the interest rate of KRW 15% per annum from April 20, 2016 to the day of complete payment.
Reasons
On June 1, 2015, the Plaintiff: (a) decided to purchase a total of KRW 270 million (hereinafter “instant sales contract”); (b) paid KRW 20 million to the Defendant as a down payment; (c) decided to cancel the instant sales contract on July 21, 2015; and (d) the Defendant drafted a letter stating that he/she would return the down payment of KRW 20 million to the Plaintiff by October 15, 2015 (hereinafter “the instant payment note”); and (d) the Defendant, on November 24, 2015, drafted a statement stating that he/she would return the down payment of KRW 20 million to the Plaintiff by November 15, 2015 (hereinafter “the instant payment note”); (c) the Defendant deposited KRW 170 million with the Jeju District Court Decision 2015 No. 21075, Nov. 24, 2015; and (d) the purport of the Plaintiff’s refusal to receive KRW 170,1407.
According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3 million unpaid out of the down payment amount of KRW 20 million, which the Defendant promised to return to the Plaintiff in the letter of payment of this case and damages for delay calculated at the rate of 15% per annum from April 20, 2016 to the day of complete payment, as the Plaintiff seeks.
In order to implement the instant sales contract, the Defendant asserted that the Plaintiff would offset the Plaintiff’s damage claim of KRW 3 million against the agreed deposit claim under the Plaintiff’s letter of claim for damages. However, the instant sales contract was rescinded by mutual agreement between the Plaintiff and the Defendant rather than rescinding the Plaintiff’s nonperformance of obligation. The Defendant agreed that the Defendant would return the down payment amount of KRW 20 million without specifically settling the damages already incurred in the instant letter of claim for payment, or that the Plaintiff would return the down payment of KRW 20 million.