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1. The Defendants jointly share KRW 30,000,000 with respect to the Plaintiff and 5% per annum from April 1, 2012 to December 16, 2015.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (formerly: D.; hereinafter “Defendant Company”) is a company established for the purpose of housing construction business, etc., and C is the father E of the representative director of the Defendant Company.
B. On April 10, 2010, the Plaintiff purchased 330 square meters from the Defendant Company’s purchase price of KRW 3 million in Gyeonggi-do F forest land (the above land was converted into 53757 square meters in Gyeonggi-gun G forest land on May 20, 2010, and was divided into 660 square meters in G forest land on May 26, 2010). The Plaintiff agreed to pay KRW 1 million in the contract between the Defendant Company and the intermediate payment of KRW 1 million on April 12, 2010, and the remainder of KRW 1 million in the intermediate payment to each of the Defendant Company on October 11, 2010 (hereinafter “instant sales contract”); and thereafter, the Plaintiff paid KRW 1 million in the intermediate payment to the Defendant Company.
C. After that, on October 17, 2011, when concluding an agreement on the termination of the instant sales contract with the Plaintiff, the Defendant Company agreed to pay the Plaintiff the purchase price refund of KRW 2 million and penalty of KRW 1 million to the Plaintiff by the end of March 30, 2012, and the Defendant C guaranteed the Plaintiff’s obligation to the Plaintiff under the said agreement on the same day.
[Reasons] Facts without dispute, Gap evidence Nos. 1 (payment rejection, and as there is no dispute over the part of the seal impression of the defendant company, the authenticity of the above document is presumed to be established. The defendant company asserted that the above document was forged by a third party, but there is no evidence to acknowledge it, the above argument of the defendant company is without merit), 3, and 8-2, and the purport of the whole pleadings.
2. Determination
A. The Plaintiff’s assertion (i) around October 17, 201, when concluding an agreement on the termination of the instant sales contract with the Plaintiff on October 17, 201, the Defendant Company set the time limit for payment to the Plaintiff as of March 30, 201, and set the time limit for payment to the Plaintiff as of March 30, 2012, in total of KRW 2 million and penalty of KRW 1 million.