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1. The Defendant’s KRW 350,000,000 as well as the Plaintiff’s annual interest from September 1, 2015 to April 28, 2016, and the following.
Reasons
1. Facts of recognition;
A. The Defendant is a person operating the C Co., Ltd. (hereinafter “C”), and C is a project implementer who engages in the new construction and sale of neighborhood living facilities and officetels on the land outside Jung-gu Seoul Metropolitan Government and 11 lots.
B. On March 5, 2015, E Co., Ltd. (hereinafter “E”) entered into a contract on the sales agency of the above neighborhood living facilities and officetels with C. At that time, E deposited the amount of KRW 350 million of the contract on the sales of responsibility to C, and C paid the sales agency fee to E.
C. The Plaintiff received a request from E’s representative director F to pay the above amount of KRW 350 million on behalf of the Plaintiff, and deposited KRW 300 million on the deposit account of the New Real Estate Trust Co., Ltd. and KRW 50 million on the C’s deposit account, as designated by F.
The name of the business: The details of new construction of neighborhood living facilities and urban residential housing in D: The amount of security deposit for sale: KRW 350,000,000,000; and if the sale is delayed by August 31, 2015, each letter (C) will be returned.
Defendant G, each of whom is a joint and several surety
D. On April 15, 2015, the Defendant, C, and G (hereinafter “G”) drafted and awarded to the Plaintiff a letter of undertaking to pay the following deposit (hereinafter “instant letter of undertaking”).
E. Until the date of the completion of the instant pleadings, the sale of the above neighborhood living facilities and officetels did not have a substantial portion.
[Reasons for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings]
2. According to the above facts of determination, the defendant is 350,000,000 won agreed upon, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 1, 2015 to April 28, 2016, each of which is clearly recorded that it is a delivery of a copy of the complaint of this case from September 1, 2015 to the date of full payment.