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1. The Defendant shall pay to the Plaintiff KRW 76,00,000 and the interest rate of KRW 15% per annum from October 25, 2016 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff sold shares and above-ground buildings in each land located in Kimcheon-si C, D, and E to F in the purchase price of KRW 710 million, and the Defendant, the actual operator of the above F, jointly and severally guaranteed the payment of the purchase price.
The above F newly constructed G apartment in the above site (hereinafter “the apartment of this case”), and sold it in lots, but the sale rate is low, and thus, the Plaintiff failed to pay the purchase price properly to the Plaintiff.
B. Around July 2014, the Plaintiff agreed with the Defendant on the following terms (hereinafter “instant agreement”).
1. Agreed amount: 530 million won;
2. B (the instant “Defendant”; hereinafter the same shall apply) transfer ownership of the instant apartment Nos. 101, 705 and 605 to a third party designated by Party A (the instant Plaintiff; hereinafter the same shall apply) or Party A by July 2014.
(Amount of KRW 210,000). 3. Agreement amount, excluding the above-mentioned large generation, 320,000,000 won shall be paid in the following manner:
The apartment of this case 101, 306, the sales difference of KRW 70,00,000 shall be paid, and the amount shall be paid with KRW 50,00,00 as the deposit of 103, 407, and 308, and the remainder of KRW 21,000,000 shall be set up as the first collateral security of the apartment of this case 101, 405, 506, 103, and 407.
C. Since then, the Defendant paid to the Plaintiff totaling KRW 450 million by selling the said KRW 306,000 by selling the said KRW 48,000 by selling the said KRW 407 and 308, and disposing of the said KRW 506,00,000 by disposing of the said KRW 405,00,000,000 by selling the said KRW 405 and 650,000,000,000,000,000,000,000 won.
[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to 5 (including additional number), the purport of the whole pleadings
2. The parties' assertion and judgment
A. According to the above facts finding as to the cause of the claim, the defendant 76 million won = 531 billion won of the agreement amount of this case - 45 billion won.