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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 40,000,000 as well as its annual interest from January 21, 2017 to November 2, 2018.
Reasons
1. Basic facts
A. On May 13, 2016, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the condition that the land (hereinafter “instant real estate”) other than 713m2,00,000,000 won (hereinafter “instant sales contract”) was sold for KRW 300,000,000,000,000 from the Defendant Company.
B. At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant Company agreed to take over the secured debt of the right to collateral security established on the instant real estate in lieu of payment, and to pay the remainder KRW 70 million within one month after the building permit.
C. The Defendant Company first requested the Plaintiff to transfer the ownership of the instant real estate upon obtaining a loan of the instant real estate as collateral, and the Plaintiff received such proposal. Accordingly, on December 22, 2016, the Defendant Company agreed to receive a loan of KRW 30 million from the Plaintiff to pay the remainder of the purchase and sale amount of KRW 70 million until December 30, 2016 to the Plaintiff by January 20, 2017 (hereinafter “instant agreement”).
On December 28, 2016, the Plaintiff completed the registration of ownership transfer in the Defendant C’s future designated by the Defendant Company regarding the instant real estate. On the same day, the Defendant Company paid KRW 30 million out of the remainder of the loan to the Plaintiff, upon completing the registration of ownership transfer in the E Union with the debtor as to the instant real estate at KRW 338 million with the maximum debt amount of KRW 38 million.
E. Meanwhile, on December 22, 2016, F, the actual operator of the Defendant Company, entered into the instant agreement with the Plaintiff, and caused G, the former operator of the Defendant Company, to prepare a loan certificate (Evidence A 4; hereinafter “the instant loan certificate”) stating that the Defendant C shall pay the remaining purchase and sale amount of KRW 70 million along with the Defendant Company in accordance with the instant agreement.