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1. Defendant (Counterclaim Plaintiff) C shall pay to Plaintiff B the amount of KRW 75,00,000 and the amount of KRW 75,000 from November 2, 2009.
Reasons
1. Basic facts
A. On January 17, 2004, Defendant C purchased from Goyang-gu F, G land, and ground buildings (hereinafter “H real estate”) for KRW 2 billion.
In the above contract, Defendant C and E acquired the secured debt of 1.25 billion won for the right to collateral security established by Defendant C’s building and the obligation of 329 billion won for the repayment of the lease deposit (total amount of 1.579 billion won), and paid to E the remainder of 421 billion won (=2 billion won - 1.579 billion won) on the date of the contract, and the amount of KRW 60 million for the second down payment of KRW 40 million is paid on February 20, 2004.
B. The funds of Defendant C and Plaintiff A were invested at various costs necessary for the purchase of the above purchase price and H real estate. In this regard, Defendant C and the Plaintiff prepared the following documents:
1) The Agreement dated May 11, 2004 (A No. 11)
2. A (referring to Defendant C; hereinafter the same shall apply), B (referring to Plaintiff A; hereinafter the same shall apply), and C shall constitute “A” in the case of H real estate agreement.
3. A shall set forth 4/10 of the shares in H’s ownership of H real property, as shares, and shall accept B.
4. A shall delegate the sales contract, lease and management parts to B from the time of H real estate contract, and A shall supervise all of its actions.
5. At the time of sale and purchase of H real estate, Gap shall be 6/10, Eul shall be 4/10, and the proceeds shall be allocated.
2) The delegation period of May 11, 2004 (No. 12) Defendant C shall be from the date of the real estate sales contract to the date of the transfer of ownership. The delegation period of the following acts is from the date of the real estate sales contract to the date of the sale and purchase of the real estate: (i) all activities involving H real estate purchase, sale, lease, and management are conducted; (ii) appraisal, loan (1 finance, 2 financing, and private financing institution).
3) It is a supplement of the agreement between Defendant C and Plaintiff A, which was agreed on May 11, 2004, prior to the purpose and purport of the draft of the agreement (Evidence A No. 13) signed on July 21, 2004.