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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100 million and the interest rate from February 5, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. On July 18, 201, the Plaintiff concluded a sales contract of KRW 300 million with respect to part of the E forest land in Namyang-si, the Defendant B and Namyang-si, who represented D.
The Plaintiff paid a total of KRW 11 billion as the purchase price until August 1, 2011.
B. At the time of the contract, Defendant B agreed to divide the Plaintiff’s purchase portion, but failed to implement it. As to the above forest land, the auction procedure was in progress, and D lost its ownership on September 2014.
C. Since August 11, 2015, Defendant B agreed to pay KRW 120 million to the Plaintiff as the refund of the purchase price, until October 30, 2015, and Defendant C jointly and severally guaranteed this.
[Based on Recognition] - In the absence of dispute, entry of Gap evidence 1, purport of the whole pleadings against defendant C: deemed confession (Article 150(3) and (1) of the Civil Procedure Act)
2. Determination
A. The Defendants are jointly and severally liable to pay to the Plaintiff 120 million won and damages for delay calculated by the rate of 15% per annum from February 5, 2016 to the day of full payment, which is the date of final delivery of the copy of the complaint sought by the Plaintiff, pursuant to the aforementioned payment agreement.
B. Defendant B asserts to the effect that the Plaintiff’s claim is unjust, as (i) the seller D did not refund the purchase price, and (ii) the amount he received was only KRW 70 million.
1. However, there is no evidence to deem that Defendant B, at the time of the above payment agreement, agreed upon performance under the condition that Defendant D’s non-performance
(B) In addition, inasmuch as Defendant B agreed to pay KRW 120 million through a loan certificate (Evidence A (Evidence 1) as the ownership of the said forest was lost and the purchase price was not returned to the Plaintiff until the expiration of a considerable period of time, it can be deemed that the conditions have been met).