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1. The Defendant’s KRW 60,000,000 as well as the annual rate of KRW 5% from June 25, 2013 to August 18, 2013 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 7, 2007, the Plaintiff entered into a sales contract with the Defendant on the condition that the Plaintiff would sell the land and the building listed in the attached list (hereinafter “instant land and the building”) to the Defendant with the price of KRW 1.250 million. On or around the 9th of the same month, the Plaintiff entered into an agreement with the Defendant to change the price of the said sales contract to KRW 1.175 million. The main contents of the revised sales contract (hereinafter “instant sales contract”) are as follows.
The purchase price shall be KRW 1.175 million, and the down payment shall be KRW 1.5 billion, when entering into a contract, the intermediate payment of KRW 2.5 million shall be paid in August 10, 2007, and KRW 50 million out of the remainder of KRW 870 million shall be paid in August 30, 2007, respectively, and the remainder of KRW 820 million shall be paid in lieu of the payment by the Defendant to take over the Plaintiff’s obligations for loans to Han Bank Co., Ltd., and KRW 420 million shall be substituted by the Defendant’s succeeding to the payment of KRW 4220,000,000,000,000 in total as to the lessee of the building of this case.
The transfer of registration shall be undertaken prior to any balance.
B. The instant sales contract was accompanied by the current status of the lease for ten units of the instant building. Of them, the deposit for lease under 301 was stated as KRW 120 million.
C. After that, around August 31, 2007, the Plaintiff entered into an agreement with the Defendant on the following terms (hereinafter “instant agreement”).
Of the instant building, the deposit for lease on a deposit basis of KRW 110,000,000 shall be KRW 50,000,000,000 for the third floor of the instant building. Therefore, the deposit for lease on a deposit basis of KRW 301,00 shall be paid to the Plaintiff.
Meanwhile, according to the instant sales contract, the Plaintiff received KRW 100 million from the Defendant around August 7, 2007, the intermediate payment of KRW 25 billion around the 10th of the same month, and the Plaintiff received KRW 25 billion from the Defendant around the 14th of the same month.