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1. The Defendant: (a) KRW 400,000,000 for the Plaintiff and 6% per annum from December 16, 2015 to March 16, 2016.
Reasons
1. Determination as to the cause of claim
A. On May 6, 2015, the Plaintiff concluded a sales contract with the Defendant for the purchase price of KRW 2,009,820,000 among the sale price of KRW 104 out of the sale price of KRW 702,703 above the 702, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon (hereinafter “instant sales contract”).
(2) The Plaintiff agreed to pay the remainder of KRW 1,209,820,000 on June 30, 2015, the intermediate payment of KRW 400,000,000 on the date of the contract, and the intermediate payment of KRW 400,000 on the date of the contract, respectively, on July 30, 2015. (2) The Plaintiff paid the down payment of KRW 400,000,000 on May 6, 2015 pursuant to the said agreement.
3) On October 28, 2015, the Plaintiff and the Defendant agreed to cancel the instant sales contract, and the Defendant agreed to refund KRW 400,000,000 paid by the Plaintiff to the Plaintiff by December 15, 2015. [Grounds for recognition] subparagraphs 1 through 3 (including a serial number, and the purport of the entire pleadings)
B. Since the instant sales contract was cancelled on October 28, 2015 by agreement between the Plaintiff and the Defendant, the Defendant is obligated to return to the Plaintiff the down payment of KRW 400,000,000, which was already paid to the Plaintiff by December 15, 2015.
Therefore, the Defendant is both the Plaintiff and the Defendant, from December 16, 2015 to March 16, 2016, the delivery date of the original copy of the instant payment order, which is the day following the agreed return date, to the Plaintiff, as down payment KRW 400,000,00, and the Defendant is both the Plaintiff and the Defendant, and the act of the merchants is presumed to be for business purposes (Article 47 of the Commercial Act). Therefore, the statutory interest rate in commercial matters applies to the Plaintiff.
Every 15% of the annual interest rate prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall be paid from the next day to the day of full payment.
2. The conclusion is that the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.