계약금반환
1. The Defendants are jointly and severally liable to the Plaintiff for 20 million won and the interest rate of 20% per annum from June 27, 2015 to the date of full payment.
1. Facts of recognition;
A. On August 4, 2014, the Plaintiff prepared a real estate sales contract with the Defendant medical corporation A (hereinafter “Defendant medical corporation”), and entered into this contract when the Plaintiff purchases (A) the land and the building on the land in Daegu-gu, Daegu-gu, which is owned by the Defendant legal entity, for KRW 3,965,00,000 (hereinafter “instant provisional contract”) and the competent authority’s approval for disposal by August 31, 2014.
On the same day, the plaintiff paid 200 million won down payment to the defendant corporation.
B. On September 5, 2014, the Plaintiff and the Defendant Corporation drafted an agreement stating that “The term of validity of the instant provisional contract shall be extended by September 30, 2014, and the down payment of KRW 200 million shall be extended by September 30, 2014, and the director B of the Defendant Corporation shall be jointly and severally guaranteed, and the registration of establishment of a neighboring mortgage shall be made immediately on the land and building located in Gyeongbuk-gun, Gyeong
C. The Plaintiff and the Defendant corporation terminated the instant provisional contract on September 30, 2014.
The Defendants, on the same day, prepared and provided to the Plaintiff a letter of commitment to pay “The amount of KRW 200 million shall be repaid up to October 14, 2014, and interest shall be paid at a rate of 20% per annum from October 1, 2014 to the full payment.” (Evidence A No. 4-2, hereinafter “instant letter of commitment”).
On June 19, 2015, the Plaintiff and the Defendant corporation drafted a written agreement (Evidence A 5, hereinafter referred to as “instant agreement”) with the following content.
On the same day, the defendant corporation returned 180 million won out of the down payment to the plaintiff.
1. The Defendant foundation shall transfer to the Plaintiff the amount of KRW 180 million per gold day.
2. As to the remainder of KRW 20 million, a claim of KRW 20 million with respect to E by the Defendant Corporation shall be transferred by June 26, 2015.
The repayment of the full repayment of the down payment shall take effect immediately.
Provided, That B shall be treated in company with the Plaintiff during the above period.
3. The Plaintiff received KRW 180 million from the Defendant corporation, and at the same time the registration of the establishment of a neighboring building B in the building.