A. On November 23, 2015, the Plaintiff and Nonparty C entered into a sales contract with respect to the Etel F and G units (hereinafter “each of the instant officetels”) newly constructed on the land outside Supo-si D and 1, respectively, with a total of KRW 84,925,00 [the total of KRW 169,850,000 (i.e., KRW 84,925,000 x 2)]. The contract deposit amount of KRW 8,492,50 was concluded until November 15, 2015, the second intermediate payment of KRW 25,47,500 until November 15, 2015, the remainder of KRW 25,47,500 until January 15, 2016, and KRW 25,47,507,500 until the date of designation of occupancy.

B. On November 8, 2016, the Defendant succeeded to the status of the buyer under the instant sales contract from C with the Plaintiff’s consent.

C. The sales price paid pursuant to the instant sales contract by November 23, 2016 is KRW 108,985,000 in total (i.e., KRW 92,00,00 in the intermediate payment of KRW 16,985,000 in the intermediate payment of KRW 16,985,000 in total), and the accounts payable are KRW 60,865,00 in total (i.e., the intermediate payment of KRW 9,910,00 in the remainder payment of KRW 50,95,00 in the remainder payment).

On November 23, 2016, the Defendant prepared a letter of performance that the Plaintiff would pay KRW 60,865,000 to each of the instant officetels sales accounts by November 30, 2017. On the same day, the Defendant completed the registration of ownership transfer for each of the instant officetels on November 23, 2015.

[Grounds for Recognition: Facts without dispute, entries in Gap evidence 1-5 (including each number), the purport of the whole pleadings]

2. Determination:

A. According to the facts of the determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount payable for sale price of KRW 60,865,00 under the instant sales contract, and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from December 1, 2017 to August 3, 2018, the delivery date of the copy of the instant complaint from the date following the agreed payment date to the date of full payment, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

From November 23, 2016, the Plaintiff is liable for delay.