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1. As to KRW 17,00,276 and KRW 9,921,80 among them, Defendant A shall pay to the Plaintiff the interest rate of KRW 17,00,276 from December 24, 2015 to the day of full payment.
Reasons
1. Determination as to the claim against Defendant A
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;
2. Determination as to the claim against Defendant B
A. (1) The summary of the cause of the Plaintiff’s claim is as shown in the annexed sheet.
(2) As to this, Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”), asserted that the Plaintiff’s claim against the Defendant Co., Ltd. against the Defendant Co., Ltd. is groundless, as it was filed on Jan. 28, 2016 with the limitation period of one year from September 29, 2014 when the Plaintiff acquired the Plaintiff’s claim against the Defendant Co., Ltd. from Nonparty Co., Ltd., Ltd. (hereinafter “Defendant Co., Ltd.”).
B. (1) On October 16, 2013, Defendant Company engaged in a construction business, etc. entered into a pre-contract with Defendant A to sell and purchase KRW 95,000,000 with respect to the instant real estate, and paid KRW 10,000,000 to Defendant A on the same day, and entered into a sales contract on November 11, 2013 (hereinafter “instant sales contract”). On November 12, 2013, Defendant A paid the remainder of KRW 85,000,000 to Defendant A.
(2) As to the instant real estate at the time, the registration of creation of a mortgage over the maximum debt amount of KRW 78,00,000, and KRW 40,000,000, each of the maximum debt amount of KRW 30,000,00 as a mortgagee (representative director of the Defendant Company) with respect to the instant real estate, was completed, and due to D’s overdue debts, etc., Busan District Court E compulsory auction was underway due to the Busan District Court’s obligation for overdue debts, etc. As to the terms of the sales contract of this case, the seller shall immediately reimburse the seller of KRW 78,00,000, the maximum debt amount of KRW 40,000,00
The seller shall also withdraw the compulsory auction of real estate E in Busan District Court.