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1. The Defendant: (a) from July 16, 2015 to July 16, 2015; and (b) from the Plaintiff B to the Plaintiff KRW 228,417,244.
Reasons
1. Facts of recognition;
A. 1) The Defendant’s contract for the purchase and sale of the Madao-comer Co., Ltd., Ltd. and the Defendant’s contract for the purchase and sale of the Madao-comer Co., Ltd.
(2) On August 22, 2012, the Defendant purchased the non-party company’s land D, and three parcels of land outside the Hansi-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si (hereinafter “instant sales contract”). The contract deposit amounting to KRW 1 billion on the date of the contract, the remainder 7.46 billion, and the remainder 7.46
(2) On August 22, 2012, the non-party company and the defendant paid 1 billion won as down payment to the Defendant on August 22, 2012. (2) After determining the intermediate payment as 3.2 billion won, the non-party company and the Defendant entered into an additional agreement to pay the interest of 0.5% per month on the above amount at the time of receipt of the construction permit, or to pay the remainder payment by the date of the remainder payment.
3) On February 25, 2013, the non-party company did not pay the balance to the Defendant, and the Defendant did not pay it despite the Defendant’s demand. On June 3, 2013, the Defendant declared that the instant sales contract will be cancelled to the non-party company, and the notification of cancellation was reached the non-party company around that time. On the other hand, the non-party company paid KRW 15 million in total to the Defendant as an interest to the intermediate payment from March 19, 2013 to November 1, 2013 pursuant to the additional agreement described in the foregoing paragraph (2). (b) The Plaintiff Company paid KRW 15 million in total to the Defendant as an interest to the intermediate payment. (i) The Plaintiff Company’s claim attachment and assignment order 1) based on the payment order finalized in Suwon District Court Yangwon-gun Branch Branch 2015Hu212, the claim amount was KRW 45,428,012, and received as to the instant claim to the non-party company’s claim 15 (hereinafter “the instant assignment order”).
The above attachment and assignment order was served on June 17, 2015 to the defendant, and on July 7, 2015 to the non-party company, respectively.