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1. The Defendant’s KRW 132,00,000 as well as 5% per annum from November 21, 2018 to October 10, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff paid the Defendant KRW 132,00,000, total of KRW 132,000,000 on July 23, 2018, and July 24, 2018, and KRW 30,000,000 on August 8, 2018, as the purchase price of virtual currency.
B. On October 11, 2018, the Defendant entered into an agreement with the Plaintiff to return KRW 132,00,000,000, which was paid by the Plaintiff, to the KONEX, by November 20, 2018 (hereinafter “instant agreement”).
[Ground of recognition] The fact that there is no dispute, Gap 2, 3, 5, Eul 1, 2, and 1, and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff 132,00,000 won under the agreement of this case and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act until November 10, 2020, which is the date following the date of the payment, to the extent that the defendant claims "the existence and scope of the obligation to perform" from November 21, 2018, which is the date of the decision of this case, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment
(Plaintiff claimed for the payment of damages for delay from November 20, 2018 with respect to the agreed amount. However, the fact that the payment date of the agreed amount was November 20, 2018 is the same as seen earlier, and the Defendant is liable for delay with respect to the agreed amount from November 21, 2018, which is the day following the above payment date. Thus, the claim for damages for delay exceeding the scope recognized earlier is rejected).
On October 11, 2018, the summary of the defense of the defendant 1, the plaintiff found the defendant on October 201, 2018 and expressed a desire to do so, and was in the office's will and body disease. The defendant threatened the defendant to "not to do so," and entered into the agreement of this case with the plaintiff, and the defendant signed the agreement of this case with the plaintiff on May 11, 2020.