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1. Defendant B shall pay 60 million won to the Plaintiff and 15% per annum from June 27, 2017 to the date of complete payment.
Reasons
1. Basic facts
A. On August 24, 2016, the Plaintiff entered into a contract with Defendant B, under which Defendant B transferred to the Plaintiff all of the equipment, etc., including the equipment, etc., of “G” operated by Defendant B, from the Daegu-gu Ethical Group No. 1222, 101, and 119 (hereinafter collectively referred to as “instant real estate”) of the Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Ethical E, and Defendant B leased and operated by Defendant B at KRW 5 billion in total (hereinafter collectively referred to as “instant Mart”).
B. On August 24, 2016, the date when the instant marina sales contract was concluded, the Plaintiff paid KRW 300 million to Defendant B, respectively, and KRW 300 million to the intermediate payment on August 30, 2016.
C. On September 10, 2016, the Plaintiff’s father J, who participated in the process of concluding the instant marina sales contract together with the Plaintiff, prepared a letter of undertaking on behalf of the Plaintiff, stating that “The Plaintiff shall, on the behalf of the Plaintiff, give up to the Plaintiff the 101 and 119 G Mart sales case and the IE rental case located in H, each letter.” On the same day, the Plaintiff was issued a promissory note with the face value of KRW 600 million issued by Defendant B (hereinafter “instant promissory note”).
On the other hand, on August 30, 2016, the registration of creation of a mortgage over the second priority of K, the debtor, Defendant B, and the maximum debt amount of KRW 500 million was cancelled. On the same day, the registration of creation of a mortgage over the mortgagee L, the debtor, and the maximum debt amount of KRW 1.8 billion was completed.
[Ground of recognition] Facts without dispute, Gap 1 through 7, 11 evidence (including each number, hereinafter the same shall apply), Eul 1 evidence, and the purport of the whole pleadings
2. Determination as to a claim for damages caused by a tort against the Defendants
A. Regarding the sales contract of the instant marina, the gist of the Plaintiff’s assertion is as follows.