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1. The Defendant: (a) KRW 201,00,000 to C, as well as 11% per annum from February 9, 2018 to April 13, 2018; and (b)
Reasons
1. Basic facts
A. From 2006 to 2010, the Plaintiff is a company that carried out the business of newly constructing and selling 13 F apartment units (hereinafter “instant business”). The Defendant entered into a construction contract with the Plaintiff around August 2007 with the construction cost of KRW 47,09,000 (excluding value-added tax) and executed five new construction works among the above apartment units (hereinafter “instant construction works”).
B. The Plaintiff entered into a contract with C (hereinafter “instant guarantee”) on April 26, 2006 with respect to the implementation of the said business, with the amount of KRW 67 billion from Apr. 26, 2006, and ② on August 31, 2007, with the interest rate of KRW 22 billion from the corporate driving house loan as 11% of each damages for delay (hereinafter “instant PF loan”). The Defendant entered into a contract with C on the guarantee limit of each of the above loans obligations with C (hereinafter “instant guarantee”).
C. On September 16, 2010, the Plaintiff and the Defendant concluded the Agreement on Contract Settlement of Multi-Family Housing (hereinafter “instant Agreement”) with respect to the instant project, as follows:
Article 1 (Confirmation of Claims and Obligations) As of September 14, 2010, the Plaintiff, as of September 14, 2010, confirmed that the Defendant had KRW 29,127,770,634 (including value-added tax) and outstanding principal and interest borrowed from the Defendant as follows.
Article 2 (Transfer of Sale Price and Security Trust) The Defendant does not require the Plaintiff to additionally bear any additional burden by appropriating the amount equivalent to the Plaintiff’s share (41.27%) out of the unpaid construction price, outstanding principal and interest of the loan, and future project cost (total 137,789,754,00 won) in the balance of the sale price of the goods in sale completion (total 32,203,316,627 won) and the unsold goods in lots (total 87,81,480,000 won) in the name of the Plaintiff. The Plaintiff shall all be liable for the sale price.