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1. The Defendant’s KRW 58,00,000 and the Plaintiff’s annual rate of KRW 5% from November 1, 2019 to February 19, 2020.
Reasons
1. Facts of recognition;
A. On April 23, 2019, the Plaintiff drafted a contract with the Defendant’s spouse C for the following transactions (hereinafter “instant transaction”). On April 21, 2019, the Plaintiff transferred KRW 30,000,000 to the bank account of C, and KRW 28,00,000,000 on April 22, 2019, respectively.
The ownership of D Housing in Ischeon-si is owned by the Plaintiff in KRW 42,000,00.
It shall take place, such as a cream and garden.
The above amount shall be KRW 16,000,000.
Land user fees shall be KRW 100,000 per month.
(Public Charges) Payment of KRW 30,000,000 as down payment shall be made, and any balance shall be deposited on April 22, 2019.
Monthly taxes shall be paid from May 30, 2019 to the end of each month.
The maturity of the contract shall be May 30, 2020.
B. On April 27, 2019 and April 28, 2019, the Plaintiff remitted a total of KRW 12,000,000 to E’s bank account (hereinafter “instant money”) and on May 1, 2019, KRW 40,000 to the Defendant’s bank account (hereinafter “instant money”).
C. On May 3, 2019, the Plaintiff requested the Defendant to have no money and paid KRW 7,000,000 to the Defendant (hereinafter “instant money 3”).
On September 30, 2019, the Plaintiff filed a complaint against the Defendant and C on the facts described in the above A, B, and C, but the prosecutor of the Sungnam branch office of the Suwon District Prosecutors' Office decided to prosecute the Defendant and C without suspicion (incompetence of evidence).
[Ground of recognition] Facts without dispute, Gap's 1, 3, 4, 5 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The Defendant is obligated to pay to the Plaintiff the sum of KRW 117,00,000 (i) KRW 58,000,000 in total (ii) KRW 52,000,000 in total (iii) KRW 7,000,000 in total) and damages for delay as follows.
① The actual party to the instant sales contract is the Defendant.
The instant sales contract is a contract under which the Defendant sells a portable house (hereinafter “instant house”) to the Plaintiff by cultivating a string and garden up to May 30, 2019.