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1. The defendant shall pay to the plaintiff KRW 39,482,50 and KRW 5,492,50 among them, from December 26, 2008, KRW 33,990,00.
Reasons
1. Facts of recognition;
A. On September 18, 2007, the Plaintiff entered into a contract with the Defendant to sell the lease right of 169,950,000 won for the first floor of the Jung-gu Seoul Metropolitan Government (hereinafter “instant commercial building”).
(hereinafter “instant lease contract”). According to the instant lease contract, KRW 33,90,00 of the down payment out of the sale price shall be paid in installments by July 25, 2007, and KRW 25,492,50, respectively, of the intermediate payment by July 25, 2007, and KRW 25,492,50, respectively.
B. The Defendant paid down payment, KRW 20 million among the intermediate payment, and the intermediate payment, and KRW 5,492,500 among the intermediate payment, but up to now, unpaid KRW 3,90,00 among the intermediate payment, and KRW 33,00.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 4-1 to 5, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of claim, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 39,482,50 (i.e., the remainder of KRW 5,492,500 in the fourth intermediate payment plus KRW 33,90,00 in the fourth intermediate payment) and the balance of KRW 5,492,50 in the fourth intermediate payment from December 26, 2008, the remainder of KRW 33,990,00 from October 26, 2009 following the due date until October 15, 2013, each of which is clearly recorded as the delivery date of a copy of the complaint from October 26, 2009 until the due date, and the late payment date from October 15, 2013 to the date of full payment.
B. (1) The defendant concluded the lease contract of this case by deceiving the plaintiff's employee in charge of the sale of the commercial building of this case to be connected through underground, such as the three subway stations and D newly created underground and ground business districts, and the underground passage newly created.