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1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from July 18, 2018 to the date of full payment.
Reasons
1. The fact that the Defendant agreed on October 10, 201 to pay 100 million won to the Plaintiff on October 25, 2016, for the determination of the cause of the Plaintiff’s claim is either a dispute between the parties or acknowledged by the statement of evidence A1.
Therefore, barring any other special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from July 18, 2018 to the day of full payment, which is the day following the day on which the copy of the instant complaint was served to the Defendant, as the Plaintiff seeks.
2. Judgment on the defendant's assertion
A. 1) The Defendant asserts that the above 100 million won was borrowed from the Plaintiff by D, who is an operator of C, and that D transferred the ownership of D’s “Gang Si E Real Estate” in relation to the payment of the above money to the Plaintiff, so the Plaintiff cannot seek payment of the above agreed amount. The Defendant’s assertion is likely to prejudice the purport that the Plaintiff received payment of the above money by acquiring ownership of the said real estate in lieu of the above payment of KRW 100 million.
In addition to the purport of the entire pleadings in the statement of evidence Nos. 3, 4, 6, 7, 1, 3, and 4, the plaintiff extended 100 million won to the above company on October 10, 2016 and received a payment agreement under the above paragraph (1) from the defendant. However, it is recognized that the plaintiff's transfer of the ownership transfer registration based on the sale of the above real estate by the above company on December 31, 2015 is the above lending and the transfer of the ownership transfer registration based on the said sale of the above real estate by the above company on December 31, 2015, and between the plaintiff and the above company, the above lending and payment agreement already occurred.
In light of such facts and circumstances, it is difficult to readily conclude that the Plaintiff acquired the ownership of the above real estate in lieu of the payment of the agreed amount under the above paragraph (1), and there is no evidence to acknowledge it
Therefore, it is true.