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1. The Defendant’s KRW 394,900,000 as well as 15% per annum from March 19, 2019 to May 31, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On August 20, 2012, the Plaintiff entered into a sales contract with Ulsan-gun E site within a D industrial complex (hereinafter “instant site”) with the Ulsan-gun Co., Ltd. to purchase KRW 2,047,60,000, out of the sales price, the Plaintiff paid KRW 1,800,000 out of the sales price and did not pay the remainder KRW 247,60,000.
B. On July 14, 2015, the Plaintiff and the Defendant agreed to accept KRW 2,787,300,000 for the Plaintiff Company, including the right to sell the instant site. However, the acquisition price was agreed to pay KRW 2,392,40,000 to the Plaintiff directly to the Plaintiff within seven days from the date on which the Defendant received additional loans after the completion of the factory (hereinafter “instant agreement”).
The Defendant’s 242,400,000 Won 2,50,000,000 for 3 Korea Technology Finance Corporation 1,80,000,000 won for 4 FF Bank 1,80,000,000 won for 200,000 won for 200,000 won for 3 Korea Technology Finance Corporation 1,80,000 won for 2,392,40,000 for 2,392,40,000 for 3rd Credit Finance Corporation.
C. After all, the Defendant newly constructed two factories on the ground of the instant site, completed the registration of initial ownership of the said building on December 16, 2016. On the same day, the Defendant obtained loans from FF Bank and completed the registration of initial ownership of the said building at a level of KRW 4,418,00,000 on the maximum debt amount.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. Determination
A. According to the above facts, since the date of payment comes after seven days from the date the Defendant received a loan after the completion of the factory in the site of this case pursuant to the agreement of this case, the Defendant is obligated to pay the Plaintiff KRW 394,900,000 according to the agreement of this case.
(b) this;