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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from July 4, 2017 to the date of complete payment.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff entered into a sales contract with the Defendant to purchase KRW 560,000,00 on February 21, 2017 at the request of the E-Housing Establishment Promotion Committee (hereinafter “E-Housing Establishment Promotion Committee”). According to the above sales contract, KRW 10,000,000 for the contract date, the intermediate payment of KRW 50,000 for the contract date, and the intermediate payment of KRW 50,000 for the lease deposit shall be paid on May 15, 2017, and the buyer succeeds to the obligation to return KRW 130,00,000 for the loan and the obligation to return KRW 120,000 for the lease deposit, and the remainder of KRW 250,000 for the remainder shall be paid on November 30, 2017.
3) On February 21, 2017, the Plaintiff paid a down payment of KRW 10,000,000 to the Defendant. On April 13, 2017, the Plaintiff paid KRW 84,000,000 increased compared to the first scheduled intermediate payment at the Defendant’s request. 4) On May 23, 2017, the Plaintiff, the Defendant, and the Plaintiff Company (hereinafter “G”) changed the purchaser of the said sales contract to G at the request of the E-Housing Establishment Promotion Committee and paid KRW 560,00,000 to the Defendant on May 30, 2017, G changed the purchaser of the said sales contract to G at the request of the Plaintiff for the E-Housing Establishment Promotion Committee and paid the remainder after deducting the loans, the deposit, the deposit, etc. from the remainder.
The Defendant received KRW 150,000,000 from G on May 26, 2017, and returned KRW 44,000,000 to the Plaintiff on May 30, 2017.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 or 11, the purport of the whole pleadings
B. Parties’ assertion and determination 1 Plaintiff asserted that the Defendant, upon receiving KRW 150,000,000 from G, ordered the Plaintiff to return KRW 94,00,000 to the Plaintiff, and that the Plaintiff returned KRW 44,00,000 to the Plaintiff, the Defendant is obligated to pay the remainder of KRW 50,000,000 and the delay damages to the Plaintiff.
In relation to this, the defendant shall be paid all balance from G, but G is obligated to pay the amount claimed by the plaintiff to the plaintiff.