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1. The defendant shall pay 18,50,000 won to the plaintiff and 40% per annum from August 3, 2004 to June 29, 2007, and from June 30, 2007.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition 1) On December 8, 2003, the Defendant: (a) drafted a letter of payment with respect to the right to sell housing in C and D associations invested by the Plaintiff via the Defendant; (b) paid KRW 29 million up to December 15, 2003; and (c) additionally paid KRW 200,000,000,000,000 that occurred during the period and KRW 4 months, if the Plaintiff fails to comply therewith, and agreed to pay the interest of KRW 29,000 per month for KRW 29,000 (hereinafter “instant agreed amount”).
(2) On August 2, 2004, the Defendant paid KRW 16 million to the Plaintiff as the repayment of the instant contract amount.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings
B. According to the above facts, the defendant is obligated to pay to the plaintiff the unpaid amount out of the contract amount of this case, unless there are special circumstances. 2) Furthermore, as to the amount payable on August 2, 2004, 16 million won paid on August 2, 2004, unless there are special circumstances, it is appropriated for the repayment of interest. Thus, as the plaintiff seeks, 5 million won calculated at the rate of 30% per annum from December 8, 2003 to August 2, 2004 (29 million won x 30% x 29 million x 30% x 239/365 x 569/365 x 169/365 x 105 million won, the remainder of the contract of this case shall be 1.5 million won if principal is appropriated for the repayment of interest or delay damages (as the plaintiff's claim).
3. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 40% per annum from August 3, 2004 to June 29, 2007, and 30% per annum from June 30, 2007 to the date of full payment.
2. Judgment on the defendant's assertion
A. The defendant has already received more money than the case fees that the defendant had received in relation to the above right to sell.