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1. The Defendant’s KRW 58,00,000 and the Plaintiff’s annual rate of KRW 5% from March 29, 2017 to November 29, 2018.
Reasons
1. Facts of recognition;
A. C Co., Ltd.: (a) conducted a development and sale business of electric source housing sites with respect to the total area of 27,720 square meters in total, five parcels, including 22,704 square meters of forests and fields D, Dong-gu, Seoul (hereinafter “instant site”); (b) on September 2, 2016, E Co., Ltd. (hereinafter “Nonindicted Company”) whose representative is the Defendant entered into a sales agency contract with C on the instant site.
B. Under the sales agency business of the non-party company, the Plaintiff entered into a sales contract with C on October 3, 2016, under which the Plaintiff would purchase an exclusive use area of 371 square meters and an aggregate of 567 square meters (F of the designated number of units) of 196 square meters among the instant land, and KRW 257,276,250,000 among the instant land (hereinafter referred to as the “sale contract”). On October 4, 2016, the Plaintiff paid KRW 138,00,000,000 won in total to C on November 3, 2016.
C. Nonparty Co., Ltd. was paid KRW 58 million out of the sales price paid by the Plaintiff as sales agency fees for the instant sales contract, and KRW 138 million by Nonparty Co., Ltd.
At the time of the conclusion of the contract for sale in lots by the Plaintiff, the right to collateral security of KRW 3.25 billion with the maximum debt amount of KRW 3.5 million with the right to collateral security, superficies of G association, and B with the right to collateral security. Some differences have been made according to each lot number, but the right to collateral security of KRW 7.5 million with the creditor H’s claim amount of KRW 7.5 million with the creditor H’s claim amount of KRW 20 million, the right to collateral security of KRW 30 million with the creditor J’s claim amount of KRW 30 million, the right to collateral security of KRW 15 million with the creditor K’s claim amount of KRW 15 million, the right to collateral security of KRW 20 million with the creditor’s claim amount of KRW 63.15 million with the creditor’s claim amount, the right to collateral security of KRW 20 million with the creditor’s claim amount of KRW 20 million with the creditor’s claim amount of KRW 20 million, the right to collateral security registration amount of KRW 9.