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1. Defendant C shall pay to the Plaintiff KRW 400,000,000 as well as 15% per annum from April 9, 2016 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is the party’s position 1) The Plaintiff’s 401 to 410 of the 4th floor of the building F and H located in G from D and E (hereinafter “instant commercial building”).
(2) Defendant C, as an internal director of Defendant B Co., Ltd. (hereinafter “Defendant Company”), entered into an exchange contract with D and E on the instant commercial buildings.
B. The grounds for the dispute between Defendant C and D, and E are as follows: (i) Defendant C and D, and E, as of December 21, 2013, the Gangwon-do Hongcheon-gun J, which was owned by I as of December 21, 2013 (hereinafter “instant land”).
2) The Plaintiff entered into a contract with the Plaintiff to exchange the instant commercial buildings owned by D and E, and to accept the repayment obligation of the secured loan on real estate to be acquired by each party, and to return the real estate acquired if the interest on the loan is overdue for at least two months (hereinafter “instant exchange contract”).
(2) On September 12, 2014, each transfer of ownership under the above contract was not completed. (2) Defendant C prepared and sent to D and E a letter of performance as follows with respect to the instant exchange contract (hereinafter “instant statement of performance”).
As a result, the above exchange contract was converted into the sales contract on the commercial building of this case. [The letter of execution of this case No. 7 D, E, and Defendant C concluded the exchange contract of this case on December 20, 2013, but it is necessary for Defendant C to recover the interest interest on the loans of Defendant C, E, which should be repaid with the financial resources of Defendant C for more than two months, due to the fact that Defendant C was unable to repay the interest on the loans of Defendant C for more than two months, Defendant C changed the type of business of the commercial building of this case from the existing singing book to the hotel, and the Plaintiff, a third party, as an investor, was set up a collateral security right of 60 million won as security, and at the same time, the deposit money of 200 million won and monthly loan of 1.