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1. The Defendant shall pay to the Plaintiff KRW 552,770,438 and the interest rate of KRW 15% per annum from April 30, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On July 22, 201, B entered into a land sales contract: (a) each of the lands listed in the separate sheet owned by the Defendant and C (hereinafter “each of the instant lands”) shall be sold at KRW 3,914,400,000 in total for purchase; (b) KRW 300,000 out of the down payment of KRW 400,000,000 in total; (c) the remainder of KRW 100,000 in total on the date of the contract; and (d) the intermediate payment of KRW 1,00,000 in total paid KRW 1,00,000 on October 31, 201; and (e) the intermediate payment of KRW 2,514,40,000 in total paid KRW 1,00 in total on December 10, 201 (hereinafter “instant sales contract”); and (e) the intermediate payment of KRW 300,000 in total paid out of KRW 300.10.2
B. (1) As the Defendant and C could not timely pay part of the intermediate payment, including the conclusion of the additional agreement between B and the Defendant and C, the following additional agreement with regard to the first sale contract of the instant case around February 2012 (hereinafter “instant agreement”).
AB concluded the agreement.
1. Matters concerning the purchaser's performance;
(a) The buyer shall obtain a loan of KRW 2,500,000,000 from the head office of Pyeongtaek AFF and shall pay KRW 2,100,000 among the intermediate payments and remainder to the seller under the pretext of some part of the intermediate payments;
(b) In receiving a loan of 2,500,000,000 won from the above bank, the buyer shall deposit in advance 5 months interest thereon with the bank;
C. Where the buyer is unable to pay the total purchase price by February 29, 2012, the following overdue interest shall be paid to the seller separately from the seller from the next day.
(1) 12% overdue interest per annum until July 31, 2012
2. The rights and performance of the seller;
A. The seller shall provide the buyer with the land of this case as security to the bank on the condition that the buyer executes the buyer’s performance.
(b) on December 2012;