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1. The Defendant shall calculate 20 million won to the Plaintiff at the rate of 20% per annum from November 15, 2014 to the day of full payment.
Reasons
1. Determination on the cause of the claim
A. The summary of the Plaintiff’s assertion 1) The Plaintiff leased KRW 10,30,00 to the Defendant, but the Defendant did not pay it, thereby receiving interest KRW 89,70,000 from the Defendant, and determined the due date on January 31, 2012, the Defendant is obligated to pay the Plaintiff a total of KRW 200,000,000 and its delay damages. The summary of the Defendant’s assertion is that the Defendant borrowed from the Plaintiff KRW 50,000,000,000 from the Plaintiff and sold the Plaintiff for KRW 20,000,000,000,000 for KRW 5,000 and KRW 826,000 (hereinafter “the instant forest”). The Plaintiff remitted the amount of KRW 60,30,000 to the intermediate payment under the above sales contract.
Since the Plaintiff and the Defendant decided to cancel the above sales contract, the Defendant should pay to the Plaintiff only KRW 110,300,000,000, which is the sum of the down payment and the intermediate payment, following the cancellation of the above sales contract.
B. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1-3 and Eul evidence Nos. 1 and Eul evidence, the plaintiff may recognize the fact that the plaintiff remitted to the defendant the total amount of KRW 10 million including KRW 50 million on Nov. 2, 2004, KRW 20 million on Jul. 14, 2005, KRW 220 million on Jul. 22, 2005, KRW 15 million on Mar. 15, 2007, KRW 15 million on Apr. 18, 2007, and KRW 53 million on Apr. 18, 2007.
In addition, the following circumstances that can be recognized by comprehensively taking account of the purport of the entire arguments, namely, the statement that the defendant himself/herself would pay KRW 200 million up to two years, and the statement-certified mail (Evidence A2) that the defendant prepared and sent to the plaintiff, stating that "the defendant promised to pay KRW 200 million in total with interest of KRW 110 million in a loan certificate," and the above content-certified mail provides that "the defendant will change its position in the process of selecting the land subject to repayment by visiting the local area E, a mountainous development site, and return it in cash."