Text
1. The Defendant’s interest rate of KRW 31,199,99 and KRW 30,00,00 among the Plaintiff’s interest rate of KRW 31,19,99 shall be from May 5, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff paid KRW 50,000,000 (hereinafter “instant deposit”) to the Defendant for the instant golf course located in Pyeongtaek-gun C, etc., which was owned and operated by the Defendant on a non-date date, and the Defendant returned the instant deposit to the Plaintiff upon the Plaintiff’s request from the date of opening the golf course for a certain period after the date of the Plaintiff’s request or at the expiration of the membership maturity ( March 27, 2017).
B. Around February 2, 2017, the Plaintiff began to demand the Defendant to return the instant deposit. On April 10, 2017, the Plaintiff again requested the return of the deposit.
C. On September 7, 2017, the Defendant returned KRW 10,000,000 among the instant deposit, and KRW 10,000,000 among the instant deposit on October 17, 2017, respectively, to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. Comprehensively taking account of the facts found in paragraph (1), the Defendant: (a) KRW 31,199,99, total sum of the balance of the instant deposit and partial damages for delay (= KRW 517,808,000 in the balance of the instant deposit = KRW 30,000,000 in the remainder of the instant deposit + KRW 517,808,000 in the record that the Defendant paid to the Plaintiff on September 7, 2017, clearly indicated the following day after the delivery of a duplicate of the instant complaint from May 5, 2017 to September 7, 2017, is less than KRW 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings between 126 days and September 7, 2017; hereinafter the same shall apply).
() KRW 682,191 (i.e., KRW 10,00,00 paid by the Defendant to the Plaintiff on October 17, 2017) and damages for delay calculated at the rate of KRW 15% per annum from May 5, 2017 to October 17, 2017) and the balance of the instant deposit amount of KRW 30,000,000 in this case are liable to pay damages for delay calculated at the rate of KRW 15% per annum from May 5, 2017 to the date of full payment.
B. The defendant against this.