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1. The Defendant shall pay to the Plaintiff KRW 190,580,932 as well as 20% per annum from May 28, 2015 to the day of full payment.
Reasons
1. Basic facts
A. On December 13, 2013, the Plaintiff entered into a scrap metal sales contract with the Defendant represented by B, and paid the Defendant KRW 20 million as the down payment.
B. Since then, the Plaintiff paid the Defendant KRW 30 million on February 12, 2014, KRW 30 million on May 20, 2014, and KRW 110 million on July 10, 2014, respectively, at the Defendant’s agent B’s request for payment of the scrap metal purchase price.
C. However, the Defendant did not provide the Plaintiff with the scrap metal, and the Defendant, on June 9, 2014, prepared and delivered a letter of intent to commence the scrap metal transaction to the Plaintiff from July 9, 2014, and the Plaintiff and the Defendant, on July 10, 2014, entered into a sales contract for scrap metal by setting the price already paid by the Plaintiff as the purchase price for scrap metal.
However, even after that, the Defendant did not provide the Plaintiff with the scrap metal. On September 1, 2014, the Defendant agreed to pay the Plaintiff KRW 200 million by adding an annual interest of 20% from September 1, 2014, taking into account the fact that the Plaintiff and the Defendant were liable for nonperformance due to the Defendant’s receipt of the scrap metal purchase price from the Plaintiff, and the cancellation of the scrap metal sales contract, and damages incurred during that period.
(hereinafter referred to as “instant agreement”). (e)
Meanwhile, the Defendant repaid to the Plaintiff KRW 1.5 million on December 27, 2014, KRW 8.5 million on December 29, 2014, KRW 4 million on January 5, 2015, KRW 6 million on January 9, 2015, KRW 10 million on March 18, 2015, and KRW 20 million on May 27, 2015, respectively.
F. Pursuant to Article 479 of the Civil Act, the amount repaid by the Defendant is first appropriated to the interest on the instant agreed amount and delay damages, and the details of the remainder appropriated to the principal are as indicated in the attached Table of Appropriation of Performance. As of May 27, 2015, the Defendant’s final repayment date, the principal amount remains in KRW 190,580,932 of the instant agreed amount.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 8 respectively.