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1. As to KRW 108,00,000 and KRW 90,000 among them, the Defendant shall pay to the Plaintiff the year from February 5, 2006 to February 18, 2016.
Reasons
1. Basic facts
A. On May 20, 2005, the Plaintiff lent KRW 90,000,00 to the Defendant through the Defendant’s agent C, and as a security, was the owner of the building under construction on the land D owned by the Defendant, the building owner was H at the time of building construction on the land D owned by the Defendant, but thereafter, the name of the owner was changed.
As to 201 and 202, a building sale contract, which stipulates the purchase price of KRW 90,000,000, was received, and if the Defendant fails to perform this, the Defendant would be paid damages equivalent to 20,000,000, to the Plaintiff.
B. As the Defendant breached his duty under the above building sale contract, the Plaintiff completed the provisional attachment registration on November 26, 2005 under the Incheon District Court Decision 2005Kahap2604 on November 23, 2005 on the above D land owned by the Defendant and completed the provisional attachment registration on November 26, 2005.
C. After that, on February 4, 2006, the Defendant agreed to pay the Plaintiff a total of KRW 108,000,000 for damages equivalent to KRW 90,000,000 for the above loans and KRW 100,000 for damages equivalent to KRW 20,000 for the above loans (= KRW 90,000,000 x 0.2). As security, the Defendant issued a commercial building supply contract for KRW 108,00 for E buildings constructed on the above D land owned by the Defendant as sales price of KRW 201 and 202 for the above D land.
On the other hand, the defendant did not pay the above KRW 108,000 to the plaintiff until now. As to the above D land owned by the defendant, the registration of ownership transfer in the name of F arising from the sale by auction on August 8, 2006, and the registration of ownership transfer in the name of G was completed on February 20, 207 for Nos. 201 and 202 among E buildings constructed on the ground.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant is the delivery date of the original copy of the payment order of this case from February 5, 2006 to 90,000 among the plaintiff and its 10,000,000 won, as the plaintiff seeks with the principal and interest of the loan or the agreed money, unless there exist any special circumstances.