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1. The Defendant’s KRW 145,106,575 for the Plaintiff and KRW 6% per annum for the period from December 26, 2017 to January 8, 2018.
Reasons
1. The Plaintiff asserts to the following purport as the cause of the instant claim. A.
The Plaintiff invested KRW 183,00,000 from July 2016 to July 18, 200 as operating capital in response to the Defendant’s request for a club business that operates a water supply household business with the trade name of “C”.
B. On September 13, 2017, the Plaintiff agreed to return 233,000,000 won (i.e., the principal of investment KRW 183,000,000,000) accrued during the period of the partnership to the Plaintiff as the amount of the settlement of accounts for the partnership (i.e., 50,000,000) to the Plaintiff by October 31, 2017.
C. The Defendant delayed the payment of the above agreed amount, and the Plaintiff applied for the instant payment order, and repaid KRW 90,000,000 on December 26, 2017.
The amount of damages for delay incurred until December 25, 2017, which is the day immediately preceding the above repayment, is 2,106,575 won [=23,00,000 wonx 6%x (55 days/365 days)] calculated annually as 6% (the defendant is a merchant) under the Commercial Act.
E. Of the above amount of KRW 90,000,000, KRW 2,106,575 was first appropriated for the repayment of damages for delay, and the remainder of KRW 87,893,425 was appropriated for the repayment of principal.
F. Therefore, the remaining obligations are the principal amounting to KRW 145,106,575 (=233,00,000 - KRW 87,893,425) and damages for delay from December 26, 2017.
2. The Plaintiff’s above assertion is deemed to have been led to confession pursuant to Article 150(1) of the Civil Procedure Act, since the Defendant did not clearly dispute the Plaintiff’s above assertion.
3. If so, the Defendant is obligated to pay the Plaintiff the amount of principal 145,106,575 won and the damages for delay at each rate of 15% per annum under the Commercial Act from December 26, 2017 to January 8, 2018, when the Plaintiff’s application for correction of the purport and cause of the claim was served on the Defendant from January 3, 2017 to January 3, 2018, and from the next day to the date of full payment.
All of the claims of this case sought by the plaintiff are accepted and decided as per Disposition.