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1. The Defendant’s KRW 19,00,000 as well as 5% per annum from October 24, 2014 to April 30, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On December 13, 2013, the Plaintiff entered into a sales contract with the Defendant by setting the sales price of KRW 140 million with respect to each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”), and paid the Defendant the down payment of KRW 14 million on the date of the contract, and five million, which is part of the remainder on January 6, 2014, respectively.
B. After that, there was a dispute between the Plaintiff and the Defendant in the course of performing a sales contract, and the Plaintiff filed a lawsuit against the Defendant for a penalty under this Court Decision 2014Da8163, which was concluded on June 10, 2014 between the Plaintiff and the Defendant during the said lawsuit (hereinafter “instant conciliation”).
1) The Defendant’s provisional attachment No. 2012Kahap881 of the Incheon District Court, which completed the instant real estate, shall be cancelled until August 29, 2014, and the application for withdrawal and cancellation of provisional attachment shall be accepted to the relevant court before the said date. (ii) If the Defendant fails to perform the obligation under the foregoing paragraph (1) above, the Defendant shall pay the Plaintiff KRW 19,00,000 by September 1, 2014, on the condition that the Defendant shall pay the Plaintiff the damages for delay calculated at the rate of 20% per annum from the day following the said payment date until the day of full payment, plus damages for delay calculated at the rate of 20% per annum. (iii) If the Defendant fulfills the obligation under the foregoing paragraph (1) above, the Plaintiff shall pay the Defendant the remainder of the instant real estate as the real estate, and the amount of KRW 90,000,000 among them shall be paid to the Defendant in the way of acquiring the obligation to the Mutual Security Association.
B) In the event that the Plaintiff’s failure to perform the obligation under the foregoing paragraph (a) on December 23, 2013 with respect to the instant real estate to the account holder designated by the Plaintiff at the same time with the payment of the remainder, the Defendant waives the Plaintiff’s right to KRW 19,00,000 paid to the Defendant. 4) The Plaintiff waives the remainder of the claim.
5 Costs of lawsuit shall be individually counted.