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1. The Defendant’s KRW 250 million with respect to the Plaintiff, 6% per annum from December 1, 2010 to November 28, 2019, and the following.
Reasons
1. Basic facts
A. On September 6, 2004, the Defendant: (a) concluded a contract with the Plaintiff on September 6, 2004 with the Plaintiff’s mother C, and with the Defendant’s share of KRW 2,314/50,281, out of KRW 50,281,000,000,000,000 for KRW 1,500,000,000,000,000,000,000 for KRW 2,50,000,000,000; (b) concluded a repurchase agreement with the Defendant to repurchase the share of this case within eight months; (c) 100,000,000 if the share is redeemed within eight months after eight months; and (d) 150,000,000,0
C has completed the registration of ownership transfer on September 6, 2004 with respect to the instant shares based on the said contract.
B. However, on May 1, 2009, the Defendant prepared a cash storage certificate with the purport that he would pay KRW 150 million to C by October 31, 2009, when he did not redeem the instant shares in accordance with the above contract.
C. After October 26, 2010, the Plaintiff requested the Defendant to pay KRW 150 million in the cash custody certificate as the C died around October 26, 2010.
On November 13, 2010, the Defendant: (a) paid KRW 250 million to the Plaintiff by November 30, 2010; and (b) written a loan certificate with the purport that if the payment is not made by the above deadline, the damages for delay calculated at the rate of 6% per annum shall be paid in addition to the damages for delay calculated at the rate of 6% per annum
[Reasons for Recognition] Gap 1-6 Evidence, the purport of the whole pleadings
2. According to the facts found above, the Defendant is obligated to prepare the above loan certificate and pay the Plaintiff KRW 250 million to November 30, 2010. As such, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. The Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 250 million won per annum from December 1, 2010 to November 28, 2019, which is the date of service of payment order from the date of payment order to the day of full payment.
3. The plaintiff's claim for conclusion is justified and accepted.