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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from August 1, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. A. On July 2007, the Defendant prepared a letter of performance to pay to the Plaintiff KRW 170,000,000 to the Plaintiff by August 31, 2007, when receiving approval for the use of part of the land C and D (hereinafter “instant land”) owned by the Plaintiff, which is owned by the Plaintiff.
B. The Defendant paid to the Plaintiff KRW 30 million on July 13, 2007, KRW 70 million on October 2, 2007 in the name of the Plaintiff, and KRW 50 million on October 19, 2007 in the name of the Defendant, respectively, upon receipt by the Plaintiff, KRW 20 million on the deposit money.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, the purport of the whole pleadings
2. The assertion and judgment
A. On July 13, 2007, the Plaintiff asserted that the Plaintiff entered into a land use agreement with the Defendant, instead of allowing the Defendant to use part of the instant land as a road, which receives KRW 200 million as the land use price. On the same day, 30 million won was first paid on the same day, and only 1.7 million won remaining after deducting 30 million won already paid in P.M. on the same day. Thus, the Defendant is obligated to pay the Plaintiff the remaining 30 million won after deducting 170 million won already paid.
B. The Defendant alleged that the Defendant paid KRW 200 million to the Plaintiff on the condition that the Plaintiff would obtain a written consent of use even from other land owners who own access land in addition to the instant land. Since the Plaintiff delivered only necessary documents for the use of the instant land, the Defendant did not have any obligation to pay KRW 200 million. In return for the consent of use of the instant land, the Defendant agreed to pay KRW 170 million as stated in the above written consent of performance. As such, the Defendant did not pay any money
(c)each entry and pleading of Gap evidence Nos. 1 to 3, Eul evidence No. 1 to 5.