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1. The Defendant shall pay to the Plaintiff KRW 40 million and the interest rate of KRW 15% per annum from February 23, 2016 to the date of complete payment.
Reasons
1. Basic facts
A. On October 6, 2015, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 249 million and the purchase price of KRW 505,00,000,000 (hereinafter “instant apartment”), and paid KRW 15 million on the date of the contract deposit, and paid the intermediate payment of KRW 10,000,000 on November 5, 2015.
The main contents of the instant sales contract are as follows.
1) The remainder of KRW 224 million shall be paid on December 24, 2015.2) The right to collateral security (the debtor: D (the defendant's husband, the mortgagee of the right to collateral security, the maximum amount of claims: 150 million) established on the apartment of the instant apartment.
F. The instant right to collateral security (hereinafter “instant right to collateral security”)
[3] In the event that the plaintiff does not perform his/her obligation, the other party is notified in writing and the contract may be rescinded.
The parties to the contract may claim damages from the other party following the rescission of the contract, and the contract deposit shall be deemed to be the basis for compensation for damages, unless otherwise agreed.
B. On December 24, 2015, the remainder payment date, the Plaintiff met the Defendant at the real estate brokerage office with the real estate brokerage amounting to KRW 2224 million. The instant collateral security was not cancelled.
The defendant demanded the plaintiff to pay the balance in full to the national bank passbook in the name of the defendant, and the plaintiff rejected it.
C. On the same day, the Plaintiff, the Defendant, and the employees of the Clean Agricultural Cooperative were gathered in the office of the Clean Agricultural Cooperative. The Plaintiff tried to pay the remainder after confirming the amount of the secured obligation of the instant collateral security and paying the remainder to the Defendant with the remainder of the secured obligation. However, the Defendant continued to demand the Plaintiff to deposit the remainder in full into the passbook of the National Bank in the name of the Defendant, and returned to her home.
On December 29, 2015, the Plaintiff: (a) the Defendant was certified on December 29, 201; and (b) the Defendant was certified.