The defendant shall pay 26,00,000 won to the plaintiff and 25% per annum from February 19, 2010 to the day of complete payment.

Facts of recognition

There is no dispute, or according to the purport of Gap evidence 1 through 21 and the whole pleadings, the following facts may be acknowledged:

On February 9, 2010, the Defendant concluded a sales contract with the International Heat Management Co., Ltd. (hereinafter referred to as “Nonindicted Company”) to supply KRW 501 (hereinafter referred to as “instant real estate”) to the fifth floor of the 5th floor of the 5th floor of the 335,931,000 for the sales price of the 335,931,00.

The defendant received a partial loan from the ero-credit union, and borrowed 26,000,000 won from a third party at an annual interest rate of 3% per annum to pay the sales price, and issued a certificate of personal seal necessary for the establishment of each collateral security to the certified judicial scrivener E.

E, on February 19, 2010, completed the registration of ownership transfer under the name of the Defendant with respect to the instant real estate, and decided to borrow the sale price from the Plaintiff, etc., and completed the registration of the establishment of the first class neighborhood to the lux credit union on the same day, and the second class collective security registration to the Plaintiff.

Since then, E borrowed money from the Plaintiff, etc. to pay the sales price to the non-party company, and the Defendant leased the instant real estate to the non-party F on April 20, 2010.

Judgment

According to the above facts of recognition, it is reasonable to view that the defendant borrowed KRW 26,00,000 from the plaintiff and paid the sale price of KRW 26,00,000 to the plaintiff. Thus, the defendant is obligated to pay damages for delay or interest calculated at the rate of 25% per annum on the part of the plaintiff within the agreed interest rate from February 19, 2010 to the date of full payment.

(Plaintiff sought payment of the amount calculated at the rate of 30% per annum from February 19, 2010, but changed to seek damages for delay or interest at the date of pleading on December 7, 2016 only 25% per annum on December 7, 2016). Accordingly, the Plaintiff’s claim of this case is reasonable within the above scope of recognition, and is subject to partial acceptance.