The defendant's KRW 113,00,000 for the plaintiff and 5% per annum from December 1, 2010 to February 26, 2015, and the following.

Facts of recognition

C Co., Ltd. (hereinafter referred to as “C”) is a so-called planning real estate company that takes profit from purchasing land and selling it to many and unspecified persons, and the Defendant used and worked for the above company’s president.

C On July 18, 2010, the Plaintiff entered into a contract between the Plaintiff and the Plaintiff for selling 200 square meters of 113,000,000 of the land out of D, Gyeongcheon-gun, Gyeongcheon-gun, which was scheduled to purchase between the Plaintiff and C, and received full payment from the Plaintiff until July 26, 2010.

However, since then, C was unable to purchase the above D and one parcel due to the aggravation of financial standing, and eventually, C could not complete the registration of ownership transfer with respect to 200 square meters among the above D and one parcel to the Plaintiff.

Accordingly, when the Plaintiff demanded the return of the above purchase price, on October 22, 2010, the Defendant drafted a letter stating that “I will make full refund to the Plaintiff by November 30, 2010, KRW 30 million,000,000,000,000,000,000,000.” (hereinafter “each letter of this case”).

[Ground of recognition] In light of the above facts without dispute, Gap 1 through 5 evidence (including each number, hereinafter the same shall apply), testimony of witness E, and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 113,00,000 won pursuant to the letter of this case and 5% per annum as stipulated in the Civil Act from December 1, 2010 to February 26, 2015, the delivery date of the copy of the complaint of this case, 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 day of full payment.

The judgment on the defendant's defenses by the plaintiff and the defendant, instead of performing the obligations under the letter of this case, agreed on the construction of the building owned by the plaintiff, including extension of the building owned by the plaintiff, and according to the agreement, the defendant had completed the above construction work around June 2013, taking about approximately KRW 200 million into consideration the price. Thus, the above each letter is written.