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1. The Defendant’s KRW 150,000,000 as well as 5% per annum from June 1, 2017 to January 12, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On March 9, 2017, the Plaintiff transferred the property rights and operating rights to the Defendant regarding the “D church” located in Spocheon-si C to the Defendant at KRW 400,000.
B. The Plaintiff and the Defendant respectively reduced the price for the said transfer contract to KRW 360,000,000 on April 10, 2017, and KRW 350,000 on April 29, 2017.
C. The Defendant paid to the Plaintiff KRW 180,000,000 out of the price of KRW 350,000,000 under the above transfer contract. According to the “final written agreement” drafted on April 29, 2017 between the Plaintiff and the Defendant, 150,000,000 out of the remainder of KRW 170,000 (=350,000,000 - KRW 180,000) shall be paid until May 31, 2017, and KRW 20,000,000 shall be paid by the Defendant within two years from the month when the Defendant received the case cost from the “D church” to the Defendant’s payment of KRW 1,00,000,000 each month.
【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 3, and the purport of the whole pleading
2. As to the cause of claim
A. According to the facts as to the claim for payment of KRW 150,000,000, the Defendant shall pay the Plaintiff KRW 150,000,000 out of the remainder of KRW 170,000 pursuant to the above transfer contract.
B. As to the claim for the payment of KRW 20,000,000, the Plaintiff and the Defendant agreed to pay KRW 20,000,000 out of the remainder of KRW 170,000,000 under the above transfer contract on April 29, 2017, and the Defendant agreed to pay KRW 1,00,000 within two years each month from the month when the Defendant received the case fees from the D church. As seen earlier, the evidence submitted by the Plaintiff alone cannot be deemed to have received the case fees from the D church, and there is no other evidence to acknowledge this differently, the Plaintiff’s claim for this portion is without merit.
In relation to this part of the claim, the plaintiff asserted that the defendant lost the benefit of time, but there is no evidence to prove that the plaintiff and the defendant agreed to lose the benefit of time with respect to the installment payment of KRW 20,000,000, and the debtor under Article 388 of the Civil Code of Article 388 (Loss of Benefit of Time) of the Civil Code shall be liable: