손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 100,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from December 1, 2016 to August 2, 2018.
1. Facts of recognition;
A. On December 7, 2015, the Plaintiff: (a) paid the purchase price of KRW 1.770,770,000,000 for KRW 1.693,777 billion for the purchase price and KRW 1.57 billion for the remainder on June 7, 2016, on a sales contract for real estate with the Defendant and the Defendant, divided the purchase price of KRW 86,00,00 for C, D, 2,271,000 for E, and KRW 188,000 for E, a ditch (each of the above land was divided into C or F, November 2, 2016; hereinafter “instant land”); and (b) paid KRW 1.59,370,000 for the remainder at the time of the contract.
Matters of special agreement
3. If both parties agree on the grounds of the delay in approval for the remaining business, the balance shall be postponed once for a period of three months.
6. Some of the down payment shall be paid by March 30, 2016.
At the time of the preparation of the contract, the Defendant demanded additional KRW 30 million for reasons such as transfer tax burden, etc., as stated in Paragraph 6 of the Special Agreement. In relation to the payment thereof, the cash custody certificate of KRW 30 million was prepared in the name of G and H, which arranged the sales contract of this case on the same day, and issued to the Defendant.
The contract to purchase (hereinafter referred to as "the contract of this case") the amount of KRW 1.77 billion and the amount of KRW 1.6937 billion as stated in the contract to purchase (hereinafter referred to as "the contract of this case") the amount of KRW 77 billion, in the name of the plaintiff on the date of the contract, was prepared and delivered to the defendant.
AB concluded the agreement.
B. On December 7, 2015, the date of the contract, around 13:43, the Plaintiff deposited KRW 70 million out of the down payment, into the Defendant’s account, and KRW 30 million, after one minute, into G’s account at the Defendant’s request. G sent the amount equivalent to KRW 30 million on the same day to the Defendant as follows.
G In six times from 14:31 to 14:36 of the same day, G withdrawn a sum of KRW 6 million in cash each over six million from 14:31 to 16 of the same day, and ordered the Defendant to do so, and endorsement on two copies of the check at face value per one million won.