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1. The Defendant shall pay to the Plaintiff KRW 170,00,000 as well as 20% per annum from July 30, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. A. Around December 2013, the Defendant entered into a sales contract (hereinafter “the instant forest”) with C to purchase pine trees worth KRW 220 million from Gangnam-si D and E (hereinafter “the instant forest”). Paragraph (8) of the said sales contract provides that “The seller is able to mine the above contract trees from March 15, 2014, and the seller shall immediately compensate the buyer for double the buyer’s amount paid.”
B. On March 4, 2014, F on behalf of the Plaintiff entered into a contract with the Defendant to purchase pine trees on the instant land in KRW 280 million (hereinafter “instant contract”). On the same day, from the account in the name of the Plaintiff to the account in the name of the Defendant, KRW 170 million was transferred from the account in the name of the Plaintiff to the account in the name of the Defendant. The instant contract is accompanied by the preceding contract.
C. Meanwhile, around June 2014, the permission to excavate the forest of this case was revoked since C did not pay the alternative forest creation cost.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 3 and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the permission to excavate the forest of this case was revoked and thus it was impossible to extract pine trees pursuant to the instant sales contract. As such, the Plaintiff asserted that the contract of this case was cancelled by the delivery of a duplicate of the complaint of this case, and sought the return of KRW 170 million paid to the Defendant.
B. As to the Defendant’s assertion, the Defendant: (a) between F and C on March 11, 2014, the Plaintiff’s assertion was omitted from all sales contracts for the instant forest trees; and (b) the agreement between the Plaintiff and C to become a direct party to the sales contract; (c)
(b).