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1. The Defendant shall pay to the Plaintiff KRW 32,50,000 and the interest rate of KRW 15% per annum from February 1, 2016 to the date of complete payment.
Reasons
1. Comprehensively taking account of the purport of Gap evidence No. 6’s argument as to the cause of the claim, the plaintiff decided to purchase used cars through the defendant’s brokerage around 201 and paid KRW 32,500,000 to the defendant, but did not receive cars from the defendant. On November 27, 2014, the defendant, on the plaintiff on February 15, 2015, prepared a loan certificate (hereinafter “instant agreement”), stating that “the defendant would pay KRW 32,500,000 to the plaintiff by the method of paying KRW 1,00,000 each month from February 15, 2015,” and according to the above facts of recognition, the defendant is obligated to pay the plaintiff damages for delay at the rate of KRW 15% per annum from February 1, 2016 following the delivery date of a copy of the complaint of this case as the plaintiff sought.
2. The defendant asserts that the contract in this case was concluded due to the plaintiff's assault and intimidation, and that the declaration of intention was cancelled on the ground that the agreement was expressed by duress. However, there is no evidence to acknowledge that the agreement was made by duress, and therefore the defendant's defense is without merit.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.