약정금
1. Defendant B shall pay to the Plaintiff KRW 77,412,300 and the interest rate of KRW 15% per annum from October 25, 2018 to the date of full payment.
Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1, 2, and 3, Defendant B sold 600 square meters of B’s site 750,000,000 among the land located in North Korea-si, North Korea-si, North Korea-si, and received the down payment of KRW 75,000 from the plaintiff on May 13, 2017. The plaintiff paid KRW 2,412,300 at the survey cost to specify the sale part. The above contract was rescinded after the agreement, and the defendant B concluded on September 7, 2017 to return the down payment of KRW 75,00,000 and the survey cost to the plaintiff on September 7, 2018.
Therefore, Defendant B is obligated to pay to the Plaintiff the amount of KRW 77,412,30 (i.e., KRW 75,00,000 measurement cost of KRW 2,412,300) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 25, 2018 to the date of full payment, which is obviously the next day of the delivery of the original copy of the instant payment order sought by the Plaintiff.
Although the Plaintiff asserts that Defendant C is also obligated to pay the above amount together with Defendant B, in full view of the respective descriptions and arguments in the evidence Nos. 1 and 3, Defendant C merely participated in the process of concluding and cancelling a sales contract as the agent of Defendant B, and cannot be deemed as a direct party to the above sales contract. No evidence exists to deem that Defendant C jointly and severally guaranteed the contractual obligation of Defendant B, and thus, the Plaintiff’s claim against Defendant C is without merit.
The plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.