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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from May 24, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Defendant: (a) installed 25 copies in the Songpa-gu Seoul Songpa-gu Seoul District in a double c, and recommended the Plaintiff to transfer the right to occupancy granted to the Plaintiff to the Plaintiff or pay compensation for resettlement; (b) on October 20, 2008, the Plaintiff entered into a sales contract with the Defendant to purchase the double 25 million Won from the Defendant (hereinafter “instant sales contract”); and (c) on the same day, the Defendant paid KRW 60 million to the Defendant.
B. However, by August 30, 2011, the Defendant transferred the right to move to the Plaintiff or failed to pay compensation for resettlement. Accordingly, the Plaintiff and the Defendant terminated the instant sales contract around August 30, 201, and the Defendant agreed to pay the Plaintiff the total amount of the investment amount of KRW 60 million and the bank interest up to November 30, 201 (hereinafter “instant agreement”). The Defendant drafted a letter of performance and a cash custody certificate (hereinafter “certificate of performance and cash custody certificate of this case”) to the Plaintiff around that time.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 60 million invested and the damages for delay calculated at the rate of 15% per annum from May 24, 2016 to the day following the delivery date of a copy of the complaint of this case, which is the day of complete payment.
3. The defendant's assertion is true that the defendant prepared the letter of performance and the cash custody certificate of this case to the plaintiff, but since the agreement of this case, the letter of performance of this case, and the letter of cash custody are made by intimidation of the representative of the plaintiff, it is not possible to respond to the plaintiff's claim, but there is no evidence to acknowledge this.