1. The Defendant’s KRW 89,789,535 and KRW 88,320,00 among the Plaintiff’s KRW 15% per annum from August 21, 2018 to May 31, 2019.

In full view of the purport of the entire arguments in Gap evidence Nos. 1 and 2, facts such as the entry of the grounds for the claim can be acknowledged, and there is no counter-proof by the defendant.

The defendant's defense that the contract for sale in lots has been lawfully terminated is that the loan contract has been terminated and the obligation to pay has not been fulfilled.

However, there is no proof from the defendant, and we cannot accept it.

Thus, the defendant is obligated to pay to the plaintiff 89,789,535 won of the principal and interest of 88,320,000 won and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 21, 2018 to May 31, 2019, and 12% per annum from the next day to the day of full payment.

However, pursuant to the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) and the application of Article 2 (2) of the Addenda, the part of the Plaintiff’s claim for delay damages exceeding the rate of 12% per annum after June 1, 2019 is dismissed.

However, it does not fall under Article 3 (2) of the Act on Special Cases concerning Expedition etc. of Legal Proceedings.

The litigation costs shall be governed by the proviso of Article 101 of the Civil Procedure Act.

The plaintiff's claim is accepted and the decision is rendered in favor of the plaintiff.