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1. Defendant C: (a) KRW 80,000,000 for the Plaintiff and the Plaintiff’s 15% per annum from June 2, 2018 to May 31, 2019; and (b) June 1, 2019.
Reasons
1. Facts of recognition;
A. On May 10, 2016, Defendant B (agent D’s piloted Plaintiff B) entered into a contract with Defendant C to sell a total of 669 million square meters of the Ulsandong E-gu, Ulsan-gu, 402.2 square meters (hereinafter “instant land”) owned by Defendant B (hereinafter “instant land”). The sales amount is to be paid after construction and completion of multi-household housing on the instant land by Defendant C, and the seller actively cooperates in obtaining construction permission, completion, and lending.
B. Defendant C, without Defendant B’s permission, made business registration under Defendant B’s name as “F” in the name of Defendant B on September 2016. On April 24, 2017, Defendant C arbitrarily drafted a power of delegation that Defendant B delegated the management authority over the sale, lease, etc. of the instant land to Defendant C (hereinafter “instant power of delegation”).
C. On August 24, 2017, Defendant C concluded a sales contract (hereinafter “instant sales contract”) with the purport to sell the G title of the building newly constructed on the instant land under the name of Defendant B (hereinafter “instant real estate”) to the Plaintiff at KRW 180 million (the contract amounting to KRW 80 million and the remainder KRW 100 million).
At the time of the instant sales contract, Defendant C affixed the Defendant B’s seal, which was in possession of the name next to that of the Defendant B as indicated in the seller’s column, and affixed his seal on the name next to that of the Defendant C as indicated in the agent column.
The Plaintiff paid the down payment of KRW 80 million to the post office account (H) opened in the name of “B (F)” according to the instant sales contract, by way of remitting each of the KRW 78 million on August 31, 2017, and September 7, 2017.
The above post office account was opened by Defendant B and allowed to be used by Defendant C.
E. Article 6 of the sales contract of this case provides that if a seller or a purchaser fails to perform any of the terms and conditions of this contract, the other party may give written notice to the person who has failed to perform the contract and cancel the contract.