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1. The Defendant shall pay KRW 32,520,00 to the Plaintiff the annual rate of KRW 12% from November 2, 2019 to the date of complete payment.
Reasons
1. On May 27, 2019, the Defendant agreed to pay to the Plaintiff KRW 1,150,000, in total, KRW 32,170,000 by account transfer on the fifth day of each month for a period from July 2019 to November 2021, from July 2019.
However, it did not implement this, and 30,220,000 out of the above agreed amount were left.
In addition, the defendant paid to the plaintiff KRW 700,000, which is part of the C building and D's deposit KRW 3,000,000 on September 12, 2019, and did not pay the remainder of KRW 2,30,000.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 32,520,000 (= KRW 30,220,000) and damages for delay from the day following the delivery date of a copy of the instant complaint to the day of complete payment.
2. Judgment deeming confessions: Article 208 (3) 2 of the Civil Procedure Act.
3. As to the initial date of the damages for delay, the Plaintiff stated in the complaint that “the Defendant shall pay the Plaintiff 32,170,000 won with 12% interest per annum from the day after the copy of the complaint of this case is served to the day of full payment.” In the claim of this case as of October 29, 2019, the amount claimed is increased to 32,520,000 won in the application form for modification of the cause of the claim of this case, and the date after the date after the date when the date when the damages for delay began to be calculated is changed to the date after the execution date stipulated in the
In the application for amendment of the purport of the claim dated April 7, 2020, “the Defendant shall pay the Plaintiff 32,520,000 won with 12% interest per annum from the day following the delivery date of the copy of the complaint of this case to the day of complete payment.”
Therefore, the Defendant appears to have sought payment of KRW 32,520,00 from the time of amending the purport of the claim as of October 29, 2019. Since both the written application for modification of the purport of the claim and the written complaint were served on the Defendant on November 1, 2019, the Defendant recognized the payment of damages for delay from November 2, 2019 under Paragraph (1) of the same Article.