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1. The Defendant shall pay to the Plaintiff KRW 51,753,060 and the interest rate of KRW 5% per annum from September 30, 2016 to the day of complete payment.
Reasons
Basic Facts
The Defendant is the owner of land C and D 4,734 square meters (hereinafter “instant land”), and the Plaintiff is a regional housing association that obtained authorization for the establishment of a regional housing association under the Housing Act in the Macheon-si E-si, including the land owned by the Defendant for the purpose of promoting the construction project of an apartment building under the Housing Act.
Around September 17, 2015, the Defendant entered into a contract for the sale of the instant land (hereinafter “instant contract for the sale of real estate”), which is the Plaintiff’s agent (hereinafter “the instant contract for the sale of real estate”), with F’s introduction. The main contents of the contract are as follows.
A real estate sales contract: A seller: A seller, et al., for a loan agreement
1. Sales amount: 2,868,000,000 won;
2. The contract shall be null and void if the total sum of the deposits without passbook 2,868,00,000 won (7) out of the total sum of the deposits without passbook 2,868,000,000 won by the end of March 2016, is not paid on the due date for payment within five business days after the date of payment of the purchase-price 286,80,000,000 won and the balance of the deposits without passbook 2,868,000,000 won are not paid on the due date for payment.
In such cases, the down payment shall belong to the whole seller.
Since then, around March 2016, the Plaintiff was unable to pay the balance due to the fact that the Plaintiff’s business establishment authorization was somewhat delayed.
As such, Korea Co., Ltd. requested F to the Defendant to extend the payment date of the remainder of the instant real estate sales contract through F, it proposed that the Plaintiff pay the remainder at the rate of 3% per month for compensation for losses arising from the delay in payment of the remainder until the Plaintiff pays the remainder. The Defendant accepted this and entered into an agreement with the Plaintiff and the Defendant (hereinafter “instant special agreement”).
On August 31, 2016, the Plaintiff paid a balance of KRW 2,581,200,000 to the Defendant and performed the obligation to pay the balance under the instant real estate sales contract.