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1. The Defendant: (a) KRW 122,00,000 to Plaintiff A and 5% per annum from July 1, 2011 to March 11, 2015; and (b) the Defendant.
Reasons
1. Determination as to Plaintiff A’s claim
A. 1) On April 8, 2011, Plaintiff A, the representative of which was D Co., Ltd. (hereinafter “D”)
2) The land in this case is 2,272 square meters of land in Seo-gu Incheon, Seo-gu, Incheon, which is owned by D (hereinafter “instant land”).
- The following terms and conditions in relation to the sale and purchase of a bank (hereinafter “corporation and stock transfer/acquisition agreement”) have been entered into with “the instant contract” (hereinafter “the instant contract”). - (c) The instant land and D total stocks 10,000 won: The method of payment of KRW 190,000 won: the down payment of KRW 100,000 won (payment upon contract) and the balance of KRW 1.8 billion (payment on April 28, 201) - D shall provide all documents necessary for bank loans and adjust the existing loans to one bank (trust trust at the time of repayment of KRW 1.5 billion). - The balance payment shall be made at the same time in cash if the bank loans are less than the remainder, and the loans shall be paid from the Defendant bank in the presence of the Defendant bank. (2) The Plaintiff paid the down payment of KRW 1.1 billion on April 8, 201.
3) On April 27, 2011, Plaintiff A requested documents necessary for bank loans for the remainder payment to D, but D did not comply therewith. However, Plaintiff A paid KRW 22 million out of the transfer proceeds under the instant contract at D’s request from May 16, 201 to June 16, 2011.
5) On May 8, 2011, Plaintiff A notified Plaintiff A of the cancellation of the instant contract on the ground of the delay of D’s performance. 6) Plaintiff A filed a lawsuit against Plaintiff A seeking restitution following the rescission of the instant contract (Seoul District Court 2012Gahap15592). Since the instant contract was cancelled by Plaintiff A’s declaration of intent for rescission as of May 8, 201, which was based on D’s delay of performance, D’s restitution to the original state following D’s rescission of the instant contract, KRW 120 million in total, and KRW 220 million in transfer, as well as Plaintiff A’s payment.