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1. The Defendant shall pay to the Plaintiff KRW 20 million per annum from September 8, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On April 1, 2013, the Defendant entered into a contract with a limited liability company B (hereinafter “B”) and thereafter on July 2013, 2013 (hereinafter “instant contract”) under which the purchaser sells two parcels of land (hereinafter “instant land”) outside of 16,005 square meters in Ansan-si, for KRW 1.25,00 million (hereinafter “instant contract”). B paid each of the Defendant KRW 50 million to the Defendant on April 1, 2013, and the intermediate payment of KRW 5,00 million on April 5, 2013, and additionally paid each of KRW 20 million on May 16, 2013, KRW 31,000,000,000 on May 31, 2013, and KRW 1,000,000,000 on July 21, 203.
B. On July 2013, C applied for a loan of the instant land as collateral to the New Bank Co., Ltd. (hereinafter “New Bank”) for the payment of the remainder under the sales contract. On July 30, 2013, the loan of KRW 1.2 billion was executed, and deposited into the Defendant’s account. Accordingly, the ownership transfer registration was completed in the name of C as to the instant land.
C. Meanwhile, C paid an additional amount of KRW 20 million on July 26, 2013, and KRW 80 million on July 30, 2013 to the Defendant, including the above loan, is KRW 1.46 billion in total.
The Defendant brought a lawsuit against the Defendant on the ground that “C and C agreed to change the purchase price of the instant land into KRW 1.8 billion, and C paid only KRW 1.460 million, and C is obligated to pay the remaining purchase price of KRW 340 million to the Defendant.” The Defendant filed a lawsuit with the Suwon District Court seeking payment of KRW 2013Gahap26671, and the said court rendered a judgment dismissing the Defendant’s claim on September 2, 2014, on the ground that “The Defendant and C have not agreed to change the purchase price of the instant land from KRW 1.25 billion to KRW 1.8 billion.”
Although the defendant appealed against this, the appellate court (Seoul High Court 2014Na2034254) dismissed the defendant's appeal on April 30, 2015. The defendant appealed, but the appellate court (Supreme Court 2015Da218372).