Text
1. The defendant shall pay 39,202,690 won to the plaintiff and 36% per annum from April 18, 2018 to the day of complete payment.
Reasons
According to the contents of Gap evidence Nos. 1 through 4 (including paper numbers) and the purport of the whole pleadings, the facts constituting the ground for appeal in attached Form No. 1 can be recognized.
However, the Plaintiff was paid KRW 46,00,000 out of the principal amount of the goods price of KRW 85,202,690 from the Defendant. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 36% per annum, which is the agreed interest rate from April 18, 2018 to the date of full payment, as the Plaintiff seeks.
Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition by the application of the proviso of Article 98 and Article 101 of the Civil Procedure Act to the burden of litigation costs.