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1. The Plaintiff:
A. Defendant B shall pay KRW 270 million and KRW 200 million among them from October 14, 2017 to the date of full payment.
Reasons
1. Determination as to the claim against the defendant B
A. Comprehensively taking account of the written evidence No. 7 and the purport of the entire pleadings as to the claim No. 7, Defendant B, on September 14, 2017, prepared a letter to the Plaintiff that he/she would return KRW 270 million to November 20, 2017 in relation to the return of the sale price of Dollum, and thus, Defendant B, barring any special circumstance, is obligated to pay to the Plaintiff the amount of KRW 270 million agreed upon and delay damages for KRW 200 million, as sought by the Plaintiff.
B. Defendant B asserts that it constitutes an unfair legal act that the Plaintiff’s agreement to add KRW 70 million to KRW 200,000,000, which was paid as the sales price, and to pay interest of KRW 2 million every month under the circumstances where the Defendant B’s criminal complaint was imminent.
It is difficult to view that Defendant B was in an imminent state at the time of the preparation of each of the instant reports solely on the basis that Defendant B was slick, and further there is no evidence to deem that the Plaintiff had a bad faith in slick act to use it with the knowledge of such circumstances.
Therefore, Defendant B’s defense is without merit.
C. If so, Defendant B is obligated to pay to the Plaintiff the agreed amount of KRW 270 million and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 14, 2017 to the day of full payment, as the Plaintiff seeks.
2. Determination as to the claim against Defendant C Co., Ltd.
A. Comprehensively taking account of the respective descriptions of evidence Nos. 1 and 6 as the cause of the claim and the overall purport of the pleadings, Defendant B, the representative of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) decided on February 13, 2017, to sell to the Plaintiff KRW 347,840,000 of the 1st floor of the 1st century, and received KRW 200 million from the Plaintiff as the pre-sale payment on February 13, 2017. However, the Defendant Co., Ltd., on March 4, 2016, prior to the date of concluding the pre-sale contract.