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1. The Defendant shall pay to the Plaintiff KRW 4,434,263,882 and the interest rate of KRW 15% per annum from January 8, 2019 to the date of full payment.
Reasons
1. Basic facts
A. On June 30, 2015, the Defendant entered into a sales contract with C to sell 4,490 square meters of the parking lot site in the D Industrial Complex in Daegu-gun D Industrial Complex (hereinafter “instant sales land”) at KRW 5,500,000,000. A limited liability company E (hereinafter “limited liability company”) succeeded to the buyer’s status under the said sales contract on November 26, 2015.
B. On December 16, 2015, the Plaintiff entered into an agreement with the Defendant on December 16, 2015, and the Plaintiff entered into an agreement with the Defendant to lend the land purchase price to the purchaser of the land from the Defendant (hereinafter “instant agreement”). The main contents are as follows.
Article 1 (Persons Eligible for Loans) (1) A person eligible for loans under this Convention shall be a person who has sold land from the defendant in lots and pays at least 10% of the total amount of sale (including a contract deposit).
A written recommendation may be substituted by a written confirmation of sale.
Article 3 (Confirmation of Loans, Time of Loans, Deposit of Loans) (3) The plaintiff shall deposit the loans into the account designated by the defendant upon receiving a delegation of payment from the seller in lots.
Article 4 (Prohibition of Infringement) The defendant does not engage in any act of arbitrarily transferring the ownership of land, creation of various rights, such as transfer of mortgage, superficies and right to sell land, and other acts that obstruct the plaintiff's acquisition of the first priority security right, without the plaintiff's prior written consent.
Article 5 (Preservation of Loan Claim) (1) The Plaintiff is transferred the right to claim the return of the purchase price of the land paid by the seller to the Defendant in accordance with the written form submitted by the seller for the purpose of preserving loan claims from the seller for sale, and the Defendant shall consent to the transfer of
(2) The defendant has sold in lots.