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1. The defendant shall pay 178,00,000 won to the plaintiff and 12% per annum from August 28, 2020 to the day of complete payment.
Reasons
1. According to the evidence evidence No. 1 of the judgment as to the cause of the claim, the Defendant prepared a payment plan as shown in the attached Form (hereinafter “instant payment plan”) on March 26, 2013, and agreed to pay the Plaintiff KRW 50,000,000 by April 12, 2013, and KRW 50,000,000 by July 15, 2013, and KRW 88,00,000,000 by January 30, 2014 (hereinafter “instant agreement”).
Meanwhile, the Plaintiff was paid KRW 10,00,000 to the Defendant on April 12, 2013. As such, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of KRW 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 28, 2020 to the date of full payment, as the Plaintiff seeks, as the remainder of the contract amount of KRW 178,00,000 (=188,000,000 - 10,000) and the amount of such delayed damages after the due date.
2. Determination as to the defendant's assertion
A. The instant agreement stipulates that the Defendant’s assertion that C Co., Ltd. (hereinafter “C”) established under the Defendant’s supervision (hereinafter “D”) enter into a wood plant supply contract with D Co., Ltd. (hereinafter “D”) on the construction of a new city (hereinafter “instant supply contract”) under the Defendant’s supervision is a condition of suspending the conclusion of the instant supply contract.
However, since the delivery contract of this case was nonexistent and the condition of suspension was not fulfilled, the Plaintiff’s claim for the agreed amount against the Defendant under the agreement of this case did not accrue.
B. 1) The fact that a certain legal act constitutes a conditional legal act that takes effect upon the fulfillment of the condition is deemed a conditional legal act that takes effect upon the fulfillment of the condition is alleged and proved by the person who intends to dispute the legal effect on the grounds of preventing the occurrence of the legal effect due to such legal act (see Supreme Court Decision 93Da20832 delivered on September 28, 1993). 2) According to the evidence No. 1, according to the instant payment plan, “the above funds shall substitute for the cash payment form at the time of conclusion of the C&C contract.”
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