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1. The defendant shall pay 37,240,000 won to the plaintiff and 12% per annum from January 23, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On December 2015, the Plaintiff concluded a sales contract with Nonparty D (hereinafter “Nonindicted Company”) on the purchase price of KRW 19 million (two million on the date of the contract, the remainder of KRW 17 million on the date of the contract, and the remainder of KRW 17 million on December 7, 2015) with respect to the purchase price of KRW 331 square meters (the purchase of the forest of this case, which was specified as part of KRW 3 as determined by the Nonparty Company, among the forest of this case) of 361 square meters (hereinafter “the forest of this case”).
B. On December 6, 2015, the Plaintiff paid KRW 19 million to the Defendant, and the Defendant “Ycheon-gun E (No. 3) 100 square meters (No. 190,000 square meters)” 19 million.
H. At the latest within four years, the bank agreed to collect and estimate in two copies of the document stating “if the land value is not calculated, the bank shall have its name written and signed and delivered its signature to the Plaintiff.”
C. On December 14, 2015, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff with respect to 331/6612 shares out of the instant forest.
[Ground of recognition] Each of Gap evidence Nos. 1, 2, 3, 4, and 7 (the defendant alleged that Gap evidence Nos. 3 and 4 was forged, but according to Gap evidence Nos. 7, the authenticity is recognized) and the purport of the whole pleadings.
2. According to the above facts, it is reasonable to view that at the time of the Plaintiff’s purchase of 331 square meters out of the forest of this case, the Defendant agreed to compensate the Plaintiff for damages at the rate of 2% per month in the purchase price if the price of the forest of this case was not less than four years, and the price of the forest of this case does not reach KRW 1,90,000 per trade price. The Defendant did not dispute this. Ultimately, pursuant to the above agreement, the Defendant did not pay to the Plaintiff the amount of KRW 182,40,000,000 and interest rate of KRW 1,8240,000 per month (= KRW 19,00,000, KRW 22% per monthx 12 months and x4 years) from January 23, 2020 to the day following the delivery of a copy of the complaint of this case.