Text
1. The Defendant shall pay to the Plaintiff KRW 249,54,944 and the interest rate of KRW 25% per annum from January 1, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff owned 214 square meters prior to Busan Dong-gu and 219 square meters prior to D (hereinafter “instant real estate”), and the Defendant is a person who actually operated the E Co., Ltd. (hereinafter “E”).
B. On December 26, 2014, the Plaintiff entered into an agreement with E and the Defendant to sell the instant real estate to F Co., Ltd. (hereinafter “F”) and settle the sales price, etc. (hereinafter “instant agreement”). The key contents are as follows:
(A) Under the instant agreement, “B” refers to E). The purpose of this Agreement is to determine the method of performing a sales contract that was entered into between F and Busan Dong-gu, and F on October 2, 2014 with respect to the amount of 214 square meters and 129 square meters (hereinafter “instant real estate”) of F and Busan Dong-gu, Busan (hereinafter “A”) on October 2, 2014, and to determine the method of performing the obligations of B (hereinafter “B”) with respect to the said real estate, including the purchase price thereof.
Article 2 (Verification of Responsibility of Final Purchaser) (1) The F Co., Ltd. confirms that the F Co., Ltd. has the remainder of the land of KRW 517,00,000,000, excluding the down payment amount of KRW 83,000,000 paid pursuant to the purchase and sale contract on October 2, 2014.
② The repayment of the foregoing real estate secured loan amounting to KRW 179,544,94 shall be paid by F as the sale balance to be paid by F.
(3) On December 26, 2014, F Co., Ltd. shall pay Gap the total amount of KRW 337,45,056,056, excluding the amount of KRW 179,54,944, which is paid by Gap for the repayment of loan against security of the above real estate in lieu of Gap, from the balance under paragraph (1).
Article 3 (Liability B) A shall be paid to A on December 26, 2014, the remainder of KRW 509,54,944, 944, excluding KRW 420,45,056, which F pays to A, out of the total amount of KRW 1,00,00,00,000, including the above real estate sale balance.
Article 4 (Liability A and Obligation of Prior Implementation) B and F Co., Ltd. on December 26, 2014 are as well as expected expenses, such as transfer tax, etc.