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1. The defendant shall pay 8,424,657 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. One of the costs of lawsuit;
Reasons
1. Basic facts
A. On February 28, 2015, the Plaintiff entered into a contract with the Defendant to acquire a new apartment construction business license (hereinafter “instant contract”) and paid the Defendant KRW 50,000,000 as the provisional contract amount, and KRW 50,000,000 as of March 3, 2015, respectively.
B. On November 6, 2015, the Plaintiff filed the instant lawsuit against the Defendant on the ground that the Defendant did not properly perform its obligations under the instant contract, and filed the instant lawsuit seeking damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from the day after the date of delivery of a copy of the complaint to the day of complete payment, with respect to KRW 100,000,000 and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.
C. On July 28, 2016, Nonparty B, the Defendant’s actual inspection owner, was indicted on the charge of deceiving the Plaintiff’s side with respect to the instant contract and deceiving the Plaintiff’s KRW 100,000,000. On November 2, 2016, the said court found the Defendant guilty of the facts charged and sentenced one year to imprisonment (Ulsan District Court 201Da2381).
B on November 7, 2016, the Plaintiff deposited KRW 100,000,00 as compensation related to the said criminal case as the deposited person (Seoul District Court Decision 2483, 2016, the Busan District Court Branch Branch Branch of the District Court). The Plaintiff received the deposit.
E. On January 18, 2017, the Plaintiff changed the cause of the instant claim as alleged below by the Plaintiff, and reduced the claim amount to KRW 18,402,845.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 through 4 (including branch numbers), the purport of the whole pleadings
2. The plaintiff's assertion
A. The Defendant deposited KRW 100,00,000 on November 17, 2016. However, with respect to the down payment under the instant contract, the interest of KRW 5% per annum as prescribed by the Civil Act from March 3, 2015 to December 11, 2015, the delivery date of a copy of the instant complaint, from March 3, 2015, as to the down payment under the instant contract.