1. The Defendant’s KRW 47,00,000 as well as 5% per annum from April 21, 2017 to November 14, 2018 to the Plaintiff.

1. Facts of recognition;

A. On March 18, 2017, the Plaintiff entered into a contract with the Defendant to sell a large wave of KRW 95 million (hereinafter “instant contract”) from the Defendant to the Defendant in the form of a lump sum sale at KRW 8302,00,000, which was cultivated by the Plaintiff between the Defendant and the Defendant (hereinafter “the instant dry field”).

The main contents of the instant contract are as follows.

On March 2017, 2017, KRW 30 million on March 30, 2017 and KRW 30 million on March 10, 2017, the purchaser of the said contract for full payment on April 10, 2017 must complete the said contract termination on April 20, 2017.

Provided, That it shall pay twice the down payment (12,00,000 won) at the time of the violation.

B. The Defendant, pursuant to the instant contract, shipped large wave from March 20, 2017 to around March 20, 2017, but did not release large wave in part of the instant dry field until April 20, 2017 agreed.

C. Meanwhile, the Defendant paid to the Plaintiff KRW 30 million with the purchase price under the instant contract, around March 20, 2017, and KRW 30 million with the total sum of KRW 60 million around March 30, 2017.

[Recognition] Facts without dispute, entry of Gap evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the unpaid purchase price of KRW 35 million (i.e., KRW 95 million - KRW 60 million) and delay damages therefrom.

B. The fact that the Defendant, in the instant contract, provided that the Plaintiff shall pay KRW 24 million to the Plaintiff, if the Defendant could not shipping all of the high scarfies in the field of the instant case by April 20, 2017 (term of contract). The Defendant’s failure to shipping the high scarfs in part of the instant dry field to the said date and time is as seen earlier.

On the other hand, the above provisions set the penalty for the defendant's non-performance of obligation in accordance with Article 398 (4) of the Civil Act.