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1. The Defendant’s KRW 70,000,000 as well as the Plaintiff’s annual rate of 5% from December 1, 2013 to February 8, 2018.
Reasons
Facts of recognition
Around December 2012, the Defendant was under construction of a factory on the land C, D, and E (hereinafter “instant factory”). Since the access road connected to the said factory belongs to another person, the Defendant required a written consent from the owner of the land corresponding to the access road in order to obtain the authorization for the completion of the instant factory.
On January 17, 2012, the defendant prepared the following certificates as a notary public No. 92 of the law firm reputation 2012.
1. Cases on the completion of a new factory construction work;
A. The Plaintiff shall provide the Defendant with a written consent to the use of the relevant lot number and the road ledger signs as to the opening of the access road necessary for the completion of the factory of this case, which is being newly constructed in Namyang-si, Nam-si.
B. The usage fees and other expenses of the access road (F, G, H, and I) shall be determined as KRW 120 million and the payment shall be made immediately after the completion of the factory of this case by the Defendant.
Accordingly, the Plaintiff provided the Plaintiff with consent to land use from the owners of the F, G, H, and I land (hereinafter “each land of this case”) in South-gu, Namyang-si, the access road to the factory of this case, and the Defendant obtained authorization of completion around October 2012, and paid KRW 50 million to the Plaintiff.
[Grounds for recognition] The facts that there is no dispute or do not clearly dispute in the pleading, each statement of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings are revealed, it is reasonable to deem that the defendant agreed to pay to the plaintiff KRW 120 million on the condition that the plaintiff shall obtain consent to use each land of this case corresponding to the access road for the construction of the access road to the factory of this case. Thus, barring special circumstances, the defendant shall pay to the plaintiff the amount of KRW 70 million and the amount of KRW 70 million after the completion of the factory of this case from Dec. 1, 2013 to Feb. 8, 2018, the date of completion of the factory of this case, which is 5% per annum under the Civil Act, and the next day to the day of complete payment.