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1. The Defendant shall pay to the Plaintiff KRW 24,730,00 and the interest rate of KRW 15% per annum from April 12, 2018 to the date of complete payment.
Reasons
1. Basic facts
A. On March 23, 2016, the Plaintiff and the Defendant entered into a contract for transfer of business E in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant carbook”) with the Defendant by May 3, 2016, and the Plaintiff paid KRW 80 million to the Defendant by May 3, 2016.
B. The Defendant agreed to maintain and manage property value, such as business facilities, fixtures, customers, credit, etc. of the instant car page (hereinafter “instant agreement”) until transferring the instant car page to the Plaintiff (hereinafter “instant agreement”).
C. The Plaintiff did not receive, or was not notified of, any of the following items among the items related to the car page of this case.
Articles 1,80,000 won 1,20,000 won 3 large TV cleaning machines 1,200,000 won 4 drh's type 1,200,000 won 4 dr's type 1,570,000 won dr's type 1,570,000 won dr's type 1,570,000 won dr's dr's type dr's type dr's dr's type dr's dr's 6 brand and dr's 6-3,60,000 won dr's 83 computers and 6,600,000 won dr's 1,630,000,000 won dr's total dr's type d's type 1,630,000,000 won
2. Since the Defendant asserted that the Plaintiff violated the instant agreement, the Defendant should either return the amount equivalent to KRW 24,730,000 to the Plaintiff as unjust enrichment or compensate the Plaintiff for damages.
3. Determination
A. According to the above facts, the Defendant did not transfer the equipment, etc. necessary for the business of the instant car page to the Plaintiff in violation of the instant agreement, or did not notify the Plaintiff of the defect in the goods. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 24,730,00, out of the value of the goods not transferred to the Plaintiff and the cost of replacing the defective goods, and the damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 12, 2018 following the issuance of the judgment to the date
B. Judgment on the Defendant’s assertion (1) is asserted by the Defendant.