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Reasons
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(영문) 서울서부지방법원 2016.05.27 2015가단235400
약정금
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1. The Defendant’s KRW 64,596,530 as well as the Plaintiff’s annual rate from July 31, 2015 to November 2, 2015, and the following.

Reasons

1. Basic facts

A. On October 8, 2012, the Plaintiff entered into a contract with C to purchase a parcel of land outside D and six parcels of land and a factory building at KRW 2.7 billion (hereinafter “instant sales contract”), and paid KRW 22 billion to C, including down payment, until January 25, 2013.

B. At the time of mediating the instant sales contract, the Defendant inserted the provision that “A shall first use the interest on the down payment 200 million won received from the Plaintiff for the payment of overdue interest, and then use the surplus for other purposes, shall be confirmed, together with accompanying accompanying the Defendant, and if the said KRW 200 million occurs for any reason, he/she shall be held responsible in subrogation of C in subrogation of C, and compensate for the total amount of the loss.”

C. On March 21, 2013, the Plaintiff and C applied for a land transaction permit under the instant sales contract to the Mayor of Pakistan, but the Plaintiff and C applied for a land transaction permit;

3. 27. Non-permission and the instant sales contract became final and conclusive. D.

Accordingly, the Plaintiff filed a lawsuit against C seeking unjust enrichment with the Seoul Central District Court 2013Gahap516206, and on March 28, 2014, the Plaintiff rendered a judgment of winning part of the judgment of winning the case that “The Plaintiff paid 220 million won and the interest calculated at the rate of 5% per annum from May 7, 2013 to March 28, 2014, and 20% per annum from the next day to the date of complete payment,” and C appealed appealed appealed as Seoul High Court 2014Na2012742, but withdrawn the appeal on August 22, 2014.

E. Until July 30, 2015, the Plaintiff collected 26,403,470 won from the Bank against C, and received a substitute payment of KRW 21,00,000,000 from the Bank, and paid KRW 11,00,000 under the agreement between C and July 3, 2015, the Plaintiff received money to the effect that all claims and obligations arising from the instant sales contract are extinguished.

Authorized evidence: Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, and

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