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1. The Defendant: (a) KRW 30 million to the Plaintiff; and (b) 5% per annum from November 2, 2014 to July 13, 2015; and (c) July 14, 2015 to the Plaintiff.
Reasons
1. The following facts are acknowledged in light of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1, Eul evidence Nos. 1, 2, and 4.
A. On April 16, 2011, the Plaintiff and the Defendant: (a) sold the Plaintiff’s vehicle C in the Plaintiff’s wife’s name (hereinafter “instant vehicle”) to the Defendant in the amount of KRW 60 million; and (b) drafted a letter that the Defendant would transfer the down payment of KRW 35 million with respect to Ulsan-gu apartment No. 203 Dong-dong 1101 (hereinafter “instant apartment”) to the Plaintiff (hereinafter “first letter”).
B. On May 20, 201, the Plaintiff and the Defendant: (a) adjusted the instant vehicle price and the instant apartment house down payment in total at KRW 60 million; and (b) drafted a letter that the Defendant pays to the Plaintiff (hereinafter “the second letter”).
C. The Defendant paid to the Plaintiff KRW 10 million on May 2, 201, KRW 10 million, KRW 10 million on May 8, 2011, KRW 10 million on May 22, 2011, KRW 10 million on May 22, 2011, KRW 25 million on May 22, 2011, and KRW 60 million on May 23, 201.
On November 1, 201, 201, the Plaintiff and the Defendant make up to November 1, 201, the Defendant’s redemption of KRW 30 million to the Plaintiff by November 1, 2014, respectively.
2) According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 2, 2014 to July 13, 2015, which is the delivery date of the complaint in this case, as stated in the third letter, barring any special circumstance. 2. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 30 million won per annum from July 14, 2015 to September 30, 2015 under the Civil Act, 20% per annum from July 14, 2015 to September 30, 2015, and the damages for delay calculated at the rate of 15% per annum from the next day to the day of full payment (the interest rate of Sep. 25, 2015). The Defendant does not accept each of the damages for delay exceeding the above recognition limit.