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The Plaintiff
A. Defendant B shall be KRW 285,00,000 and 12% per annum from July 9, 2020 to the date of full payment.
Reasons
1. Indication of claim;
A. From around 2014, the Plaintiff lent money to Defendant B. On August 27, 2018, Defendant B issued to the Plaintiff a promissory note with “486,000,000 won in face value, the Plaintiff, the place of issuance, and the place of payment, Seoul, the date of payment, August 27, 2018, and the date of payment, August 26, 2019,” and on the same day, the Plaintiff prepared and issued a promissory note No. 430, the No. 2018, the No. 2018, the No. 430, the No. 2018, the No. 2018, the No. 2018, the
Even after the creation of the notarial deed of this case, the Plaintiff lent money to Defendant B or paid the principal and interest of loans, capital gains tax, etc. incurred in relation to the commercial buildings purchased under the name of the Plaintiff on behalf of Defendant B. On March 19, 2020, the Plaintiff determined that Defendant B shall return money to the Plaintiff between Defendant B and the Plaintiff.
Therefore, the Plaintiff has a total of KRW 771,00,000 (=486,000,000) claim against the Defendant B (=285,000,000).
B. On September 30, 2019, the Plaintiff entered into a sales contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) on September 30, 2019, Jongno-gu Seoul, and the second floor G of the F Building No. 1 Parcel E.
Defendant C paid only KRW 25 million among KRW 90,000,000,000, and did not pay the remainder of KRW 65,000 to the Plaintiff.
Therefore, Defendant C is obligated to pay to the Plaintiff KRW 65,00,000,000 for the purchase price.
C. From February 14, 2011, Defendant C lent to Defendant C a total of KRW 771,00,000 to then, and Defendant C has no other property than the above claim.
The Plaintiff claimed against Defendant B for the payment of KRW 285,00,000, including loans, etc. accrued from August 27, 2018 to March 19, 2020, and damages for delay thereof. The Plaintiff claimed against Defendant C for the payment of KRW 65,00,000 in purchase price and KRW 771,00,000 in lieu of Defendant B’s claim amounting to KRW 836,00,000 in total (=65,000,000 in total) and damages for delay.
2. The applicable legal provisions.