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1. The Defendant’s KRW 155,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 15, 2013 to February 8, 2018.
Reasons
1. Basic facts
A. On June 15, 2006, the Defendant purchased buildings of 463 square meters and above ground (hereinafter “the instant cartel”) from Jeonyang-gun, Jeonyang-gun, Jeonyang-gun, Seoul, from C, and the same year.
7. 12. The registration of the transfer of ownership as to the instant Monobel was completed by the Gwangju District Court No. 9266.
B. On April 2, 2013, the Plaintiff entered into a contract with the Defendant for the renovation project of the instant telecom (referring to the interior interior interior interior interior interior, interior finishing, waterproof, waterproofing, flooring, electricity, and telecommunications rebuilding project for the instant telecom, hereinafter “instant construction project”). The contract amount is KRW 356,40,000 (including value-added tax) and the construction period is from April 8, 2013 to the same year.
7. The construction cost shall be paid up to 15.15. The construction cost shall be paid in full within 14 days after the completion, but if the construction cost is not paid in full, the defendant made a special agreement to transfer the goodwill and ownership of the franchise of this case to the representative director E.
C. On July 22, 2013, the Defendant and E’s conclusion of the sales contract and the revised contract for the instant cartels (i) the Defendant sold the instant cartels for KRW 670,00,000 to E (Evidence A 5; hereinafter “instant sales contract”) with the Plaintiff’s representative director E and the instant cartels for KRW 670,000.
(1) The Plaintiff’s claim for construction cost of the instant case is determined as KRW 245,00,000. Of the instant construction cost, the Defendant’s claim for KRW 90,000,000 shall be paid directly to the Plaintiff’s creditor G, and the remainder of KRW 155,00,000 shall be deducted from the Defendant’s claim for purchase price of KRW 155,000,000 from the Defendant’s claim for purchase price of the instant case by taking over on September 1, 2013 and deducting the above KRW 15,00,000 from the Defendant’s claim for purchase price of the instant case. ② By July 30, 2013, E shall repay the instant construction cost in full.
Madern.