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1. Defendant C’s KRW 35,000,000 and KRW 1,00,000 per month from June 24, 2012 to the date of full payment of the above money.
Reasons
1. On May 18, 2012, the Plaintiff and Defendant C entered into a contract to sell and purchase all the facilities of the Kimpo-si and the E-ground kimchi factory (hereinafter “instant factory”) with the purchase price of KRW 55 million (hereinafter “instant contract”). The Defendant C entered into a contract stating that he/she is the agent of Defendant B, his/her spouse, with the contract stating that he/she is the agent of Defendant B, and the remainder of KRW 10 million shall be paid over five months until May 23, 2012, and the remainder of KRW 45 million shall be paid over five months, and the remainder of the remainder shall be paid up to one million each month until the remainder is paid in full.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of the whole pleadings]
2. Determination as to the claim against Defendant C
A. The facts that Defendant C was a party to the instant contract do not dispute between the Plaintiff and the Defendant C, and the Plaintiff is obligated to pay the Plaintiff the remainder of the purchase price (i.e., KRW 5 million - KRW 20 million - KRW 10 million -20 million - KRW 1 million 1 million from June 23, 2012 to the payment of the intermediate payment to be paid on June 23, 2012, and the arrears to be paid on June 23, 2012. As such, Defendant C was paid on or around August 3, 2012. Accordingly, Defendant C is obligated to pay the Plaintiff the remainder of the purchase price to the Plaintiff (i.e., KRW 5 million - KRW 5 million - KRW 20 million - KRW 1 million) and arrears calculated on or around June 24, 2012 from June 24, 2012 to the day of full payment.
B. Defendant C’s assertion that the instant contract was rescinded, and thus, the Plaintiff could not seek payment of the remainder of the purchase price. However, there is no evidence to prove that the instant contract was rescinded, and the above assertion by Defendant C is without merit.
Furthermore, Defendant C’s payment of KRW 1 million per month until the remainder is paid in full is not a penalty or arrears, but a charge is imposed on Defendant C for the rent of KRW 1 million to be paid by the Plaintiff to the lessor of the instant plant. The said lessor is the Defendant.