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1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s annual rate of 6% from February 18, 2017 to August 14, 2018.
Reasons
1. The parties' assertion
A. The Plaintiff had a loan claim amounting to KRW 60 million against the Plaintiff, but was unable to receive the payment, on October 26, 2016, upon receipt of the claim for refund of deposit amounting to KRW 60 million, which C holds with the Defendant (see attached “sale and sale contract” (Evidence 9-5)), and C notified the Defendant of the document with a fixed date (certified mail) on the 27th of the same month.
C In accordance with the sale and sales contract, C paid a deposit of KRW 60 million to the Defendant (one million per each household of KRW 4 million in total), which is the money to be settled, if any, in the event of the completion of sale or the settlement of accounts even during the period of sale.
On the other hand, Article 4-C of the sale and sales contract.
" July 31, 2014" is only a provision that C bears interest on a loan for a household that is not sold until the said date, not a date of sale, and is not a date of sale.
The penalty of 100 million won stated in paragraph (1) shall apply when C waives the sale to the defendant and the defendant suffers damage.
In addition, the sale and sales contract was prepared on March 28, 2014, and it is not easy to say that it is possible to complete the whole sale of 15 households within 4 months and compensate for the penalty of 100 million won in the event of default.
C The 2nd generation was sold in lots, and the 4th generation was a lease contract, and the 3rd generation was a monthly lease contract, which did not result in sale.
On February 13, 2015, the Defendant’s agent drafted a Doctrine of succession (see, e.g., Appendix A No. 3) with the Defendant’s right to borrow to E, not the waiver of sale. This also does not mean the waiver of sale.
Therefore, the defendant should pay the above money and damages for delay to the plaintiff.
B. In the event that Defendant C sells 15,00,000 won or more per household out of 16,000,000,000 won, which the Plaintiff acquired through the loan, the remainder of the loan shall be C’s profit, and if any, the damage to the Defendant regarding the sale in lots shall be the damage to the Defendant.