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1. The Defendant’s KRW 46,700,000 for the Plaintiff and 5% per annum from August 1, 2014 to December 22, 2016.
Reasons
1. Basic facts
A. C is a person who substantially operates the Defendant Company, and D is a person who substantially operates the E Co., Ltd. (hereinafter “E”).
B. On June 14, 2014, the representative director of C, D, and F (hereinafter “F”) made an agreement as follows (hereinafter “instant agreement”).
F shall pay the remainder of the proceeds accruing from the purchase of Asan City G (hereinafter referred to as “the forest of this case”) from the Defendant as follows:
E shall transfer documents to ensure that all documents on the withdrawal of factory sites and permission rights for Asan City G (hereinafter referred to as “the forest of this case”) can be processed within at least one day through a civil engineering designer and a construction designer designated by the defendant and F.
F shall be paid KRW 50,000,000 to E, and KRW 20,000,000 among them shall be paid directly to E’s account until July 31, 2014, and the remainder of KRW 30,000,000 shall be paid to E’s account designated by E until July 10, 2014.
The defendant guarantees the contents of the above agreement.
C. According to the instant agreement, “E” transferred the right to permit the instant forest land to “F,” and “C and D” prepared and delivered to “E a letter of performance that “if F does not pay KRW 56,700,000 to E by the end of July 16, 2014, the Defendant would pay KRW 56,700,000 to E” (hereinafter “instant statement of performance”).
E, around July 7, 2014, around KRW 30,000 according to the instant agreement, transferred to the Plaintiff the claim of KRW 30,000,000 according to the instant agreement, and drafted a transfer confirmation to the effect that the Defendant would receive KRW 30,00,000 from the Plaintiff.
E. F did not pay the amount under the instant agreement, and the Defendant paid KRW 10,000,000 to the Plaintiff on August 13, 2014 in accordance with the instant agreement and the instant performance memorandum.
F. E, around February 9, 2015, 26,700,000 won, excluding KRW 30,000,000 that was transferred to the Plaintiff around July 7, 2014 pursuant to the instant agreement and the instant letter of performance.