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1. The Defendant shall pay to the Plaintiff KRW 1,00,000,000 as well as 15% per annum from December 30, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On October 10, 2002, C entered into a sales contract with the Defendant to purchase the F Building Nos. 107 through 111 (hereinafter “instant store”) in KRW 1,271,160,000 (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 358,870,000 on the same day.
B. Upon the Defendant’s request, the Plaintiff and the Defendant jointly and severally guaranteed the Defendant’s obligation to compensate for the damages related to the Defendant’s obligation to transfer ownership to the instant store upon the instant sales contract. On December 5, 2002, the Plaintiff and the Defendant signed the following commitment (hereinafter “instant commitment”).
With respect to the sale and purchase (transfer) of F building Nos. 107 to 111, in the future, the defendant representative G and the plaintiff who is a joint and several surety will undertake all liability, civil and criminal liability, if any problem of ownership arises with respect to the said real estate.
In addition, due to the provisional attachment case No. 56048, Oct. 1, 2002, which was registered as of Oct. 1, 2002, where C is restricted in the transfer registration of ownership of the above real estate by March 31, 2003, the seller who is the defendant representative director G and the plaintiff who is the joint and several sureties will be held liable for all civil and criminal liability due to nonperformance of the promise.
In addition, where the transfer registration of ownership is delayed, the defendant representative G and the plaintiff who is a joint guarantor shall pay the sum of the down payment and intermediate payment paid by the purchaser as compensation for damages by the end of each month.
(c).
The defendant has not implemented C the procedure for ownership transfer registration for the store of this case until now.
C filed a lawsuit against the Plaintiff seeking the payment of damages for delay under the instant promise and received a favorable judgment as follows.
(c).