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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from September 12, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff operated the commercial building called “D” located in Chuncheon City C (hereinafter “instant commercial building”), and the Defendant served as the head of the instant commercial building.
B. On January 1, 2015, the Plaintiff received money for transfer and premium from the Defendant, and transferred the instant commercial building to the Defendant.
1) Transfer amount: 80 million won, down payment 40 million won, and down payment 40 million won shall be paid in installments from January 1, 2015 to January 1, 2017, and the balance 40 million won shall be paid on January 20, 2016. 2) Premium: From December 2015 to December 2017, 40 million won shall be paid.
C. However, the Defendant paid the said premium to the Plaintiff only until October 31, 2016, and did not thereafter pay it.
[Ground for Recognition: Unsatisfy, Gap evidence No. 1 (a certificate of seal, the defendant's defense that this document was prepared by plaintiff's coercion, but there is no evidence to acknowledge it.
(i) entry and the purport of the entire pleading
2. The Plaintiff seeking payment of KRW 32 million out of the total amount of unpaid premium (=4 million x 8 months) from November 1, 2016 to June 30, 2017.
According to the above facts, the defendant is obligated to pay the unpaid premium to the plaintiff from November 1, 2016.
Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff the amount of KRW 32 million out of the total amount of unpaid premium from November 1, 2016 to June 30, 2017, as well as damages for delay calculated by the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 12, 2017, the following day after the delivery of the application for change of claim and cause, which the Plaintiff seeks, after the above payment date.
3. As to the Defendant’s assertion, the Defendant’s judgment as to the instant commercial building transfer contract: (a) KRW 6 million per month from January 2015 to November 2015; (b) KRW 66 million per month; and (c) KRW 4 million per month from December 2015 to November 2016; and (d) million per month from December 2015 to November 2016.