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1. The defendant's KRW 48,603,174 for each of the plaintiffs and 5% per annum from March 4, 2016 to August 10, 2016 for each of them.
Reasons
1. Basic facts
A. The plaintiffs, the defendant, the non-party F, G, and H are children of non-party I.
B. On November 5, 2008, between the Plaintiffs and G, the Defendant: (a) disposed of and agreed to distribute the purchase price to the Plaintiffs and G (hereinafter “instant agreement”); and (b) drafted a letter of the following contents.
The Defendant entered into a real estate sales contract for the instant real estate, received the down payment of KRW 300 million, and confirmed that the remainder of KRW 2.85 billion was paid until January 31, 2009.
At the same time, the defendant promises to pay the balance from the buyer to the plaintiffs and G immediately.
In the event that a sales contract for the instant real estate is terminated, the Defendant shall dispose of the instant real estate again to a third party, and shall pay to the Plaintiffs and G an amount equivalent to the said shares (200 million won out of the total purchase price to be received from a third party) at the same time as the remainder payment is received.
C. On September 2014, the Defendant paid each of the KRW 10 million to the Plaintiffs as part of the purchase price of the instant real estate.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including branch numbers, if any) and the purport of whole pleadings
2. Determination on the cause of the claim
A. The Defendant asserted that the instant real estate was sold to a third party and received a total of KRW 3.15 billion (the sum of the contract amount of KRW 3.15 billion and the balance of KRW 2.85 billion) with the price paid.
Although the Defendant paid KRW 200 million to each of the Plaintiffs according to the instant agreement, it did not pay the remainder by paying only KRW 10 million around September 2014.
Therefore, the defendant is liable to pay the difference of KRW 190,000,000, and damages for delay to each of the plaintiffs.
B. The defendant judged that the real estate of this case was sold to a third party and its price is the price.