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Reasons
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(영문) 부산지방법원동부지원 2015.06.12 2014가단16366
매매대금 등
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 25, 201, the Plaintiff entered into a lease agreement with Nonparty C and C, setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 2,750,000 (including value-added tax), and the lease period from December 25, 201 to December 25, 2015.

B. On May 29, 2012, the Plaintiff constructed a facility load on the land above, and entered into a contract on the acquisition of facility load with the Defendant and the Defendant on May 29, 2012, and the rent for the land lease is borne by the Defendant since May 2012, and KRW 80,000,000, which the Plaintiff invested, paid to the Plaintiff when the facility load was sold in lots.

C. On May 29, 2012, the Defendant prepared a letter (Evidence A2) stating that the construction cost of KRW 80,000,000 shall be paid, but the Defendant was not paid due to the failure of payment. As to April 24, 2013, the Defendant shall pay KRW 66,00,000 as the construction cost by April 30, 2013, and if the Defendant fails to pay, he/she shall pay the previous construction cost of KRW 80,00,000 (Evidence A3).

In spite of the preparation of the above statement, when the defendant was unable to pay the price, the plaintiff re-written a statement of payment (Evidence A No. 4) with the non-party C to whom C will pay the construction price of KRW 60,000,000 by October 25, 2013, and the defendant is indicated as the reference witness.

E. The Plaintiff filed a lawsuit against C, on the ground of the foregoing letter of commitment (Evidence A No. 4), such as an agreed amount, etc. (the Busan District Court’s Branch Branch 2013da21750), and on May 20, 2014, conciliation was concluded under the following adjustment provisions.

1. The Defendant shall pay the Plaintiff KRW 40,000,000 by June 15, 2014.

2. If the defendant extends the above time limit, the remaining money shall be paid at the rate of 20% per annum from the day following the said time limit to the time of payment.

3. All of the above paragraphs 1 and 2 shall apply to the Plaintiff.

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