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1. The Defendant amounting to KRW 60 million to the Plaintiff and the Plaintiff’s annual rate of 6% from July 20, 2017 to September 6, 2018.
Reasons
1. Facts of recognition;
A. On March 17, 2017, the Plaintiff decided to purchase from the Defendant the land and the building of the gas station on the land and the ground (hereinafter referred to as “instant gas station”) of the Changwon-si window Co., Ltd., and paid KRW 50 million as part of the down payment to the Defendant. On March 18, 2017, the Plaintiff drafted a sales contract with the Defendant with the following content:
(hereinafter referred to as the “instant sales contract”). The location and use of the object of a real estate sales contract: The total amount of sales proceeds of a gas station: 1.955 million won: the intermediate payment of KRW 200 million: 250 million: the remainder of KRW 1.55 billion: when the seller has breached the contract under Article 8 of the cost, the purchaser shall be compensated twice the advance payment; when the buyer has breached the contract, the down payment shall be null and void, and the intermediate payment shall not be claimed for return [special agreement] - The intermediate payment shall be paid on the date the approval for use is obtained.
- The balance shall be subsequently consulted.
B. On March 22, 2017, the Plaintiff paid the remainder down payment of KRW 150 million to the Defendant.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Gap 3-1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. In addition to the contents stated in the sales contract at the time of entering into the sales contract at the time of entering into the contract, the Plaintiff and the Defendant: (a) the Defendant completed the construction of the gas station up to the end of March 2017 and the approval for the use thereof; and (b) delivered the instant gas station to the Plaintiff on April 2017; (c) the Plaintiff succeeded to the obligation of KRW 1 billion with the Plaintiff’s security of the instant gas station in the name of the Defendant; (d) the Plaintiff paid the remainder of KRW 500 million to the Defendant; and (e) the Defendant paid the remainder of KRW 500 million to the Defendant at the same time, and (c) the Defendant completed the registration for the transfer of ownership of the instant gas station at the time of paying the remainder to the Plaintiff; (e) the payment period for the remainder of KRW 500,000,000 for a year following the commencement of the Defendant’s operation of the gas station at the end of April 2018.