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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from November 21, 2014 to December 2, 2015.
Reasons
1. Basic facts
A. On April 2014, the Plaintiff entered into a contract with the Defendant to sell KRW 645 square meters in installments of KRW 97,500,000 (hereinafter “the primary sales contract”) among KRW 926 square meters in the period of Pakistan owned by the Plaintiff for the establishment of a factory (hereinafter “the Plaintiff”).
In addition, in order to secure access roads to the above land at the same time, the plaintiff consented to use D, E, and C as roads in the neighboring land, and the defendant agreed to pay KRW 100,000,000 to the plaintiff after obtaining permission for the factory in the construction of the F in the Pakistan.
B. Since then, the Plaintiff and the Defendant, on October 6, 2014, intended for the Plaintiff’s consent to use the road, shall include the land outside D and two parcels in the sales contract, and on October 6, 2014, selling the sale price of G, D, H, I, and I’s total area of 935 square meters (hereinafter “instant real estate”) at KRW 314,60,000,000.
(C) On October 13, 2014, the Defendant prepared and delivered to the Plaintiff an implementation agreement to pay KRW 50,000,000 to the Plaintiff by November 20, 2014. D. The Defendant received the instant real estate loan as collateral and remitted KRW 264,00,000 to the Plaintiff with the payment of KRW 264,00. The Defendant transferred the instant real estate loan as collateral. [In the absence of dispute as to the existence of grounds for recognition, the entries in the evidence Nos. 3, 4, 8, and 9, and the purport of the entire pleadings
2. The Plaintiff asserted by the parties, on October 6, 2014, concluded a sales contract with the Defendant for the instant real estate amounting to KRW 314,60,000,000, which was finally made with respect to the instant real estate. The Defendant prepared a performance agreement to pay KRW 264,00,000 as part of the purchase price and to pay the balance KRW 50,000,000 until November 20, 2014, and thus, the Defendant is obligated to pay the amount under the said performance agreement.
As to this, the defendant's sales contract with the above sales price of KRW 314,60,000 shall be deemed to have been falsely prepared at the plaintiff's request.