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1. The Defendant’s KRW 200,000,000 as well as 5% per annum from August 25, 2016 to February 9, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On July 25, 2013, the Plaintiff was awarded a contract for the construction of reinforced concrete (hereinafter “instant construction”) among the new construction of urban-type residential housing (hereinafter “instant housing”) on the ground (hereinafter “instant project site”) on the instant land (hereinafter referred to as “instant housing”) from Chungcheongnam-gun Hong-gun, Hongsung-gun, and one parcel of land (hereinafter “A, etc.”) by the Plaintiff, with the contract amount of KRW 550 million and the construction period from July 25, 2013 to August 30, 2013, respectively.
B. The Plaintiff prepared a notarial deed of a monetary loan agreement (No. 597, 2013; hereinafter “notarial deed of this case”) to the effect that “the Plaintiff loaned KRW 250 million to A, and the said loan is repaid until November 29, 2013, and, in the event of non-performance, it is immediately acknowledged that there is no objection even if compulsory execution is conducted,” with respect to the performance of the obligation to pay the construction cost, as the Plaintiff was not paid the construction cost upon the completion of the instant construction work.”
C. 1) After that, around November 2015, the Defendant concluded a sales contract with A, etc. to purchase the instant project site and the instant housing, and concluded the following terms and conditions (hereinafter “instant sales contract”).
(a) Purchase price: 50 million won: A special agreement which provides for the remainder of KRW 120 million and KRW 380 million.
1. A contract deposit of KRW 120,000,000 shall be replaced by succeeding to the seller’s debt.
2. Any balance of 380 million won shall be replaced by succeeding to the seller’s obligations, such as the Plaintiff (20 million won), E (22,798,846), F (19,829,600 won), G (38,603, 301 won), H (13,000,000 won), I (45 million won), J (28,000 won), temporary materials (80,000 won), and electrical equipment (16 million won).
3. Other matters shall run under mutual agreement.
(F) On June 27, 2016, the Defendant acquired ownership of the instant project site from A, etc. on June 27, 2016 and newly constructed the instant housing.